SHASHIBHUSHAN MAHENDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed by the applicant under Sec. 438 of the Code of Criminal Procedure, 1973, for grant of anticipatory bail, who has apprehension of being arrested in connection with Crime No. 517/2023, registered at Police Station' Kotra Road, Raigarh, District Raigarh (CG) for the offence punishable under Sec. 420 of the IPC.

(2.) Case of the prosecution, in brief, is that a written complaint was filed on 6/12/2023 before police Station by the complainants alleging that while they were studying at Raipur for Bachelor of Engineering course then he along with his friends came in contact with the applicant, thereafter the applicant told that he is in contact with the higher officials of NTPC and many vacancies are there if they want to do job there then he will provide job of Junior Engineer in NTPC, thus fraudulently he received Rs.50,000.00 from each of the complainant, total comes to Rs.2,00,000.00 before Yashwant Mahto in the year 2018. It is alleged that neither job is provided, nor the money was refunded to them and on the allurement of providing job, the complainants were cheated by the applicant, thereby the offence has been committed.

(3.) Learned counsel for the applicant would submit that the applicant is innocent and only on the basis of assumption the applicant has been implicated in the case. He would further submit that the allegation levelled in the FIR do not constitute any offence under Sec. 420 IPC. He would further submit that the allegation levelled against the applicant is general and vague, just to harass the applicant to rope him in a false case. He would further submit that it is purely a civil dispute not criminal case as an agreement regarding borrowing of money was executed between them but this fact has not been disclosed in the FIR by complainant. To substantiate his submission, he has referred to the Annexure A/2 which is an agreement executed on a stamp paper on 4/4/2018. He would further submit that the applicant and his wife are subjected to torture by the police, the police demanded Rs.1,00,000.00from the applicant for settling the dispute when he could not fulfill the demand then the Police assaulted him therefore, the wife of the applicant made an application before Superintendent of Police, who in turn directed the Dy. SP to conduct enquiry. In the enqury she has narrated the incident of assault made by the police, still no action has been taken against the erring police officials and would pray for allowing the anticipatory bail.