Order on Board

25.04.2024

1. This first anticipatory bail application under Section 438 of the Code of Criminal Procedure has been filed by the Applicant, who are apprehending his arrest in connection with Crime No. 243/2023 registered at Police Station – Gidhouri, District- Balodabazar-Bhatapara (C.G.) for the offences punishable under Sections 420, 34 of Indian Penal Code.

2. Prosecution case in brief is that the complainant, namely, Dhaneshwari Dewangan has given a written complaint to the police authorities stating that the present applicants along with one Rajesh Dewangan who is brother-in-law (Sala) of the applicant no. 1 has on account of providing job to her and her husband of complainant namely Melaram Dewangan on the post of Peon/clerk in school and it is alleged that present applicants have taken an amount of rupees eight lakhs from the complainant and her husband on 25.01.2021. But, the present applicants could not provide the Job and when the complainant demanded back the amount given, the present applicants didn't return back the amount. The Complainant made written complaint to the police authorities on 26.11.2023 and thereafter the authorities have registered a FIR under above-mentioned crime number for the offence punishable under Sections 420, 34 of IPC. The complainant, namely, Dhaneshwari Dewangan is the sister of Arun Kumar Dewangan. that the present applicant, namely, Dilharan Lal Dewangan has taken loan of Rs 4,50,000/- for his personal work from the brother of the complainant namely Arun Kumar Dewangan, as he is a relative of the present applicant. The present applicant has returned the entire amount in installment to the brother of the complainant and paid through UPI in the account of Arun Kumar Dewangan. But after the entire amount was paid to Arun Kumar Dewangan, he started demanding interest over the amount taken as loan to which the present applicant refused stating that he has returned back the entire amount. Thereafter, Arun Kumar Dewangan threatened the present applicant to rope him in a false case and further would expel him from his job. In pursuance of the same he made a complaint to police authorities almost on similar allegations against applicant No. 1 and the police authorities registered a FIR bearing crime no. 385/2023 at Police Station Kasdol, Balodabazaar Bhatapara. It is worthy to mention that the present applicant No. 1 after the registration of FIR preferred an application for grant of anticipatory bail before this Court stating that he has returned back the amount and Arun Kumar Dewangan is pressurizing him to given interest on the said amount. The Court after hearing the matter has granted the anticipatory bail to the applicant No. 1. Thereafter when the applicant was granted bail, Arun Kumar Dewangan with an intention to harass the present applicant and his family members have again made a false FIR through his sister namely, Dhaneshwari Dewangan, just after one month of the bail being granted by this Court. It is worthy to mention that the present applicant No. 1 is working as teacher in government school situated in Ratanpur, District - Bilaspur and applicant No. 2 is his wife. The instant FIR has been lodged only to harass the present applicant and his family members and Arun Kumar Dewangan has threatened to remove him from his job either by hook or by crook and looking to the fact that present applicant has been granted bail in the previous FIR he has made a complaint through his sister for the same. The complainant has tried to give criminal color to a civil dispute which has already resolved and looking the fact that complainant's brother is demanding interest over the loan amount and he didn't get any success from the first FIR therefore Arun Kumar Dewangan through his sister lodged the instant complaint. Further the present applicant is working as a government servant and malice motive of the brother of complainant to expel the present applicant from job would be fulfill