Dismissed¶23

Mukesh Kumar Choudhari v. State of Chhattisgarh

Chhattisgarh HC1 Jan 2025MCRCA/1460/2024

Case brief

AI extract

What is this about?

Anticipatory bail rejected; fourth/repeat bail application under Section 482 B.N.S.S.; applicant Mukesh Kumar Choudhari; Crime No. 258 of 2022, Police Station Saraipali, District Mahasamund; offence under Section 420 IPC; alleged forged nominee agreement of late father Ravilal Choudhari and withdrawal from father's bank account; first bail application dismissed on merit; no change of circumstance; not a fit case; Rajani Dubey J.; decision dated 02.01.2025; MCRCA No. 1460 of 2024; Chhattisgarh High Court Bilaspur.

What did the court decide?

As the applicant's first bail application was dismissed on merit and no change of circumstance exists, this repeat (fourth) bail application will not be entertained at this stage. ¶22

Mukesh Kumar Choudhari Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2025)

2025:CGHC:143

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRCA No. 1460 of 2024

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1 - Mukesh Kumar Choudhari, S/o Ravilal, Aged About 47 Years, R/o Village Mokhaputka, Police Station Saraipali, Tahsil Saraipali, District- Mahasamund, Chhattisgarh.

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... Applicant

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versus

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1 - State of Chhattisgarh Through Station House Officer- Saraipali, DistrictMahasamund, Chhattisgarh.

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... Respondent

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For Applicant : Mr. Pawan Kesharwani, Advocate For Respondent/State : Mr. Akhilesh Kumar, G.A.

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Hon'ble Smt Justice Rajani Dubey

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Order on Board

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02.01.2025

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Applicant has filed this fourth bail application under Section 482 of B.N.S.S. for grant of anticipatory bail as he is apprehending his arrest in

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connection with Crime No.258 of 2022 registered at Police StationSaraipali, District- Mahasamund, Chhattisgarh for the offence punishable under Section 420 of the IPC.

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Earlier bail applications of the applicant were dismissed.

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Case of prosecution, in brief, is that the complainant lodged a written report alleging that the present applicant fetched a conspiracy as nominee of his father Late Shri Ravilal Choudhari, while mother of applicant is alive and executed a forged nominee agreement. Applicant also withdrew amount from the bank account of his father.

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Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the case. He further submits that no evidence regarding the involvement of the applicant in the alleged offence, has been produced by the prosecution. Therefore, no case is made out against the applicant for the offence under Section 420 of IPC. Hence, the present applicant may be granted benefit of anticipatory bail.

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On the other hand, counsel for the State opposes the application for anticipatory bail.

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After hearing counsel for the parties, considering the facts and circumstances of the case, nature of allegation and further considering the fact that earlier the first bail application of the applicant was dismissed on merit, I do not find any change of circumstance to entertain this repeat bail application, at this stage, this Court is of the considered opinion that it is not a fit case to grant anticipatory bail to the applicant.

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Accordingly, the anticipatory bail application filed under Section 482 of the B.N.S.S. is rejected.

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Sd/-

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(Rajani Dubey) JUDGE

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Ruchi

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RUCHI YADAV^{Digitally signed} by RUCHI YADAV

Mukesh Kumar Choudhari v. State of Chhattisgarh

Case brief

What is this about?

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Mukesh Kumar Choudhari v. State of Chhattisgarh

Case brief

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