Pushpendra Kumar Pratap v. State Of Chhattisgarh

DigitallyPREETIsigned byKUMARIPREETIKUMARI 2025:CGHC:12324 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 355 of 2025 1. Kishan Chand Jain S/o Late Shri Paras Chand Jain, Aged About 33 Years, R/o Tikarapara, Sanjay Nagar, Gareeb Nawaj Chowk, Police Station Tikarapara, Raipur, Tahsil and District Raipur, Chhattisgarh.Years, R/o Tikarapara, Sanjay Nagar, Gareeb Nawaj Chowk, Police Station Tikarapara, Raipur, Tahsil and District Raipur, Chhattisgarh. 2. Ranjana Vishwajeet Mitra W/o Vishwajeet Mitra, Aged About 35 Years, R/o Shyam Nagar, Telibandha Raipur, Tahsil and District Raipur, Chhattisgarh.R/o Shyam Nagar, Telibandha Raipur, Tahsil and District Raipur, Chhattisgarh. 3. Pushpendra Kumar Pratap S/o Late Akshay Kumar Pratap, Aged About 30 Years R/o Civil Lines Income Tax Colony, Tahsil and District Raipur, Chhattisgarh.30 Years R/o Civil Lines Income Tax Colony, Tahsil and District Raipur, Chhattisgarh. ... Applicants versus 1. State of Chhattisgarh Through The Superintendent of Police Raipur, Chhattisgarh.Chhattisgarh. 2. State of Jharkhand Through Station House OfÏcer, Police Station- Chaibasa Muffasil, District - West Singhbhum, Jharkhand.Chaibasa Muffasil, District - West Singhbhum, Jharkhand. ... Non-Applicant For Applicants: Mr. Avinash Chand Sahu, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Deputy Advocate General. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 12.03.2025 1. This first transit/ anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.25/2025 registered at Police Station – Chaibasa Muffasil, District West Singhbhum, Jharkhand (C.G.) for the offence punishable under Sections 316(2), 318(4), 338, 336(3), 340(2), 341(1), 61(2) of the Bharatiya Nyaya Sanhita, 2023. (correspondence Section in Indian Penal Code is 405, 420, 467, 468, 471, 472 and 120 B.Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.25/2025 registered at Police Station – Chaibasa Muffasil, District West Singhbhum, Jharkhand (C.G.) for the offence punishable under Sections 316(2), 318(4), 338, 336(3), 340(2), 341(1), 61(2) of the Bharatiya Nyaya Sanhita, 2023. (correspondence Section in Indian Penal Code is 405, 420, 467, 468, 471, 472 and 120 B. 2. Prosecution case in brief, is that on 19.02.2025, Parshuram, the Vice Chancellor of Tata College Kolhan, filed a report stating that an unknown person had withdrawn Rs. 6,747,800/- and Rs. 9,149,300/- from the college's Punjab National Bank account. The investigation revealed that someone had misused cheques number 58585 and 58587, crediting the amounts to Radha Rani Enterprises and Shanu Chinta Infraprivate Limited. During the investigation, it was found that Radha Rani Enterprises had transferred funds to the accounts of applicant Nos. 1, 2, and 3. When these applicants received messages from the bank about the large credits to their accounts, they returned the amounts and also handed over cash to Rahul Jena, the Manager of Radha Rani Enterprises. After receiving messages about the amount being frozen, they realized they had been victims of digital fraud and contacted the local police to report the incident.Chancellor of Tata College Kolhan, filed a report stating that an unknown person had withdrawn Rs. 6,747,800/- and Rs. 9,149,300/- from the college's Punjab National Bank account. The investigation revealed that someone had misused cheques number 58585 and 58587, crediting the amounts to Radha Rani Enterprises and Shanu Chinta Infraprivate Limited. During the investigation, it was found that Radha Rani Enterprises had transferred funds to the accounts of applicant Nos. 1, 2, and 3. When these applicants received messages from the bank about the large credits to their accounts, they returned the amounts and also handed over cash to Rahul Jena, the Manager of Radha Rani Enterprises. After receiving messages about the amount being frozen, they realized they had been victims of digital fraud and contacted the local police to report the incident. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in offence in question. It is submitted that the applicants themselves have visited and contacted to the local Police when they came to know about the fraud and they came to know that their account has been used for above transactions and also innocent and they have been falsely implicated in offence in question. It is submitted that the applicants themselves have visited and contacted to the local Police when they came to know about the fraud and they came to know that their account has been used for above transactions and also they have helped in the investigation. He also submits that the applicant No. 2 is the lady and the firm is only in her name and entire work is being taken care by her husband and she has no knowledge about the above cyber fraud. He also submits that the applicant No. 1 has returned the amount which came in his account and rest of the amount he has given back to the employee of the firm Radha Rani. Hence, this anticipatory bail application is liable to be allowed. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail. It is further submitted that the applicants have committed cyber fraud. Hence, this anticipatory bail application is liable to be rejected.of anticipatory bail. It is further submitted that the applicants have committed cyber fraud. Hence, this anticipatory bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. diary. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail. It is further submitted that the applicants have committed cyber fraud. Hence, this anticipatory bail application is liable to be rejected.of anticipatory bail. It is further submitted that the applicants have committed cyber fraud. Hence, this anticipatory bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. diary. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and the fact that the applicants themselves have visited and contacted to the local police when they came to know about the fraud and they came to know that their account has been used for above transactions and also they have helped in the investigation and the applicant No. 2 is the lady and the firm in only in her name and entire work is being taken care by her husband and she has no knowledge about the above cyber fraud, further the applicant No. 1 has returned the amount which came in his account and rest of the amount he has given back to the employee of the firm Radha Rani, hence, this Court deems it appropriate to grant transit/anticipatory bail to the present applicant.of allegation made against the applicant and the fact that the applicants themselves have visited and contacted to the local police when they came to know about the fraud and they came to know that their account has been used for above transactions and also they have helped in the investigation and the applicant No. 2 is the lady and the firm in only in her name and entire work is being taken care by her husband and she has no knowledge about the above cyber fraud, further the applicant No. 1 has returned the amount which came in his account and rest of the amount he has given back to the employee of the firm Radha Rani, hence, this Court deems it appropriate to grant transit/anticipatory bail to the present applicant. 7. Accordingly, the instant transit/anticipatory bail is allowed for a temporary period of two weeks in the following manner:- temporary period of two weeks in the following manner:- Preeti (a) In the event of arrest of applicants - Kishan Chand Jain, Ranjana Vishwajeet Mitra and Pushpendra Kumar Pratap in connection with Crime No.25/2025 registered at Police Station – Chaibasa Muffasil, District West Singhbhum, Jharkhand (C.G.) for the offence punishable under Sections 316(2), 318(4), 338, 336(3), 340(2), 341(1), 61(2) of the Bharatiya Nyaya Sanhita, 2023. (correspondence Section in Indian Penal Code is 405, 420, 467, 468, 471, 472 and 120, the applicant be released on bail on executing a personal bond and one surety each in the like amount; (b) This protection is granted for a period of two weeks from today to enable the applicants to approach the competent Court for seeking appropriate relief; Sd/- Sd/- Sd/- (Ramesh Sinha)CHIEF JUSTICE