Allowed

Narendra Pandey v. State of Chhattisgarh

Chhattisgarh HC12 Aug 2022MCRCA/930/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh granted anticipatory bail to the applicant, who ran a paramedical college and faced charges of cheating for collecting fees via an MP Online portal. The court noted the portal was authorized by the university and the State failed to prove it was fake.

What did the court decide?

Application allowed; anticipatory bail granted on executing a personal bond for Rs.25,000/- with one surety.

Narendra Pandey Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No. 930 of 2022

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Narendra Pandey, S/o Shri Rajmani Prasad Pandey, aged about 50 years, Sainath Paramedical College Devpuri, Tahsil & District Raipur (CG)

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---- Applicant

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Versus

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State Of Chhattisgarh Through Police Station – Tikrapara, Raipur District – Raipur (CG)

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---- Respondent

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For Applicant : Shri Prafulla Bharat, Sr. Advocate with Shri Shivendu Pandya, Advocate. For Respondent : Shri Himanshu Sharma, Panel Lawyer.

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Hon'ble Shri Deepak Kumar Tiwari, J

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Order On Board

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12/08/2022 :

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The applicant has preferred this application for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.332/2022, registered at Police Station Tikrapara District Raipur, for offence punishable under Section 420 of the IPC.

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Prosecution case is that the present applicant runs a Coaching Institute in the name of Sainath Paramedical College at Devpuri, Raipur. The applicant claims that the institute was affiliated with the MP Medical Science University. In the name of admission to the said institute, the applicant obtained huge amount of fee from various students and thereby cheated them. Based on which aforesaid offence has been registered.

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Learned counsel for the applicant submits that the applicant is innocent

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and has been falsely implicated. The applicant never allured the students. He was running only a coaching institute and students were getting admission in the Shriram Chanda Paramedical College, Shahdol and for the same, enrollment of various students was done in the year 2019-2020. The applicant has also filed certain enrollment forms of the students which were filled up by the students to get admission in the said college, which is affiliated with MP Medical Science University, Jabalpur and the amount of enrollment was paid through online used by the MP Online website. He would further submit that in similar nature of offence, in the same Police Station at Tikrapara, on 22^nd April, 2022, the offence was mentioned as non-cognizable and only notice under Section 155 CrPC was given to the complainant Premchandra Khande and the same was annexed with the bail application.

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Per contra, learned State Counsel would oppose the prayer for grant of anticipatory bail on submission that in the name of Sainath Paramedical Institute, amount has been received from the students.

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Having considered the submissions, the nature of allegations, considering the facts and circumstances of the case, and also considering that the students have been admitted at Shriram Chanda Paramedical College, Shahdol and MP Medical Science University has duly authorized the MP Online Limited Portal to collect such money and learned State Counsel failed to demonstrate that the website was fake to collect such money, I am inclined to grant anticipatory bail to the applicant.

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Accordingly, the Application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his executing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:-

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(i) he shall not influence the witnesses during trial.

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(ii) he shall make himself available for interrogation by a police officer as and when required;

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(iii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

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Sd/- Judge (Deepak Kumar Tiwari)

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Barve

Narendra Pandey v. State of Chhattisgarh

Case brief

What is this about?

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Narendra Pandey v. State of Chhattisgarh

Case brief

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