Facts
The applicant, an employee/sales manager at Shriram Finance Company, Gharghoda, sought anticipatory bail regarding Crime No. 297/2025.
Source reference: para. 1It is alleged that between 2017 and 2019, the applicant, in conspiracy with co-accused persons, sanctioned loans totaling ₹1,30,50,000/- to 26 individuals using forged documents and misrepresenting ownership of shops.
Source reference: para. 2The applicant contended that the FIR was lodged after an unexplained delay of 7–8 years, that a previous similar matter was settled in Lok Adalat, and that the primary allegations were directed at a co-accused.
Source reference: para. 3The prosecution opposed the bail, citing the magnitude of the fraud and the ongoing investigation.
Source reference: para. 4, 6Issues
1. Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offenses involving forgery and financial fraud.
Source reference: p. 1 / para. 1Law Applied
The court primarily applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the grant of anticipatory bail (corresponding to Section 438 of the CrPC).
Source reference: para. 1The charges against the applicant involve Sections 419 (cheating by personation), 420 (cheating), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), 470 (forged document), 471 (using as genuine a forged document), and 120-B (criminal conspiracy) of the Indian Penal Code, 1860.
Source reference: para. 1-2The court's exercise of discretion was guided by the gravity of the financial offense and the stage of the investigation.
Source reference: para. 6Reasoning
The Court analyzed the severity of the allegations, noting that the applicant purportedly conspired with others to forge documents and misrepresent customers as being affiliated with private institutions to facilitate fraudulent loan sanctions.
Source reference: para. 6While the applicant argued that there was an inordinate delay in filing the FIR and that co-accused had received regular bail, the Court prioritized the fact that the applicant's actions caused a significant wrongful loss of ₹1,30,50,000/- to the finance company.
Source reference: para. 6The Court reasoned that because the investigation is still active and involves serious charges of conspiracy and forgery of valuable securities, the grant of pre-arrest bail would be inappropriate.
Source reference: para. 6, 7Holding
The Court answered the issue in the negative, holding that the nature of the fraud and the ongoing status of the investigation disentitle the applicant to equitable relief.
The application for anticipatory bail was rejected.
Source reference: para. 7Original Court PDF
Khemraj Gupta v. State of Chhattisgarh [MCRCA No. 315 of 2026 (2026:CGHC:11044)]
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