1 2025:CGHC:11471 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 337 of 2025 Vijay Kumar Rastogi S/o Shyam Kishore Rastogi Aged About 54 Years R/o B-36/38, 19/8, Kabir Nagar, Behind Durga Kund Kori Mata Mandir, Dist.- Varanasi (U.P.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station- Dipka, Dist.- Korba (C.G.) ... Respondent For Applicant : Shri Nitesh Sahu, Advocate. For Respondent/State : Shri S.S. Baghel, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/03/2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.10 11:12:59 +0530 2 been filed by the applicant, who is apprehending his arrest in connection with Crime No.127/2020 registered at Police Station Dipka District Korba (C.G.) for the offence punishable under Sections 420 and 34 of the IPC. 2. Informant Brajesh Kumar Singh lodged a written complaint dated 22-8-2019 on the basis of which the present FIR has been registered on 8-8-2020 alleging that if they deposit amounts with the accused persons the original amount will be returned after one year and thereafter, the additional amounts will be paid to them from the year after next. On this inducement the complainant has deposited amount by OnLine transfer in the account of applicant Vijay Kumar Rastogi with Axis Bank, Varanasi (Uttar Pradesh). Brajesh Singh deposited Rs.3,24,000/- twice whereas other victims namely; Pushpa Yadav, Santosh Kumar Gupta, Yashwant Kumar Rathore, Madhuri Devi Rathore and Mohd. Mamtaj Ansari have transferred different amounts during the period 18-12-2017 to 18-1-2018. When after one year even the original amount was not paid back to them the complaint was lodged on 22-8-2019. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the other co-accused person namely Govind Jha has already been granted anticipatory bail by this Court in MCRCA No.539 of 2021 vide order dated 02/08/2021. Therefore, 3 he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and also the fact that other co-accused person namely Govind Jha has already been granted anticipatory bail by this Court in MCRCA No.539 of 2021 vide order dated 02/08/2021, therefore, I am inclined to grant anticipatory bail to the present applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Vijay Kumar Rastogi, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) 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 fact to the Court. (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 4 (d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri