1 2025:CGHC:10276 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 292 of 2025 Asit Chakraborty S/o Samiranand Chakraborty Aged About 53 Years R/o Flat No. 7f, Sai Prerna Apartment, Ranchi Pundag, District- Ranchi (Jharkhand) ... Applicant versus State Of Chhattisgarh Through - Station House OfÏcer, P.S.- Kondagaon, District - Kondagaon (C.G.) ... Non-applicant For Applicant : Mr. Rahil Arun Kochar, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 03/03/2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 15/2025 registered at Police Station – Kondagaon, District – Kondagaon (C.G.) for the offence punishable under Sections 420, 34 of IPC and Prize Chit and Money Circulation Scheme (Banning) Act 1978. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution in brief is that the written complaint was lodged before the police station Kondgaon, District Kondgaon (C.G.) alleging therein that the applicant is the Director of the company AAD E-commerce and Tech. Solution Pvt. Ltd, which is registered under Ministry of Corporate Affair, the company is based in tale marketing having its registered branch ofÏce at Ranchi. The company runs by tele marketing and digital marketing and has legal status of company under Companies Act. It is alleged that an F.I.R. was lodged that the company has been working in advertising that allows advertisers to display relevant product recommendation. It is alleged that the complainant namely Dwarika Prasad Nayak has stated that on 22.12.2023 co-accused Rikesh Kumar Kunvar has lured and taken Rs. 5 lakhs on account of depositing in Aads world company further that the company has cheated the person who has deposited capital in the company by making ID's for digital marketing, therefore pursuant to the alleged complaint and F.I.R. was registered vide crime No. 15/2025 for offence punishable under Section 420, 34 of I.P.C. 3. Learned counsel for the applicant submits that the applicant is innocent person and he has falsely implicated in the instant case. He further submits that the present applicant has not committed any offence under Section 420, 34 of I.P.C. and Prize Chit and Money Circulation Scheme (Banning) Act 1978 against the complainant. The co-accused Rikesh Kumar who is the main accused and has taken money from the complainant has been granted anticipatory bail in B.A. No. 11/2025 vide order dated 31..01.2025 by the 3 learned trial Court He further stated that the civil dispute has been given the colour of criminal case, complainant has choose to pursue criminal charges in a quest to abuse the criminal justice system with a motive to seek personal vengeance rather than seeking true justice and the civil dispute has been converted into a criminal case which violates the principles of farness and right that it is submitted that apparent miss used of criminal proceeding is prima-facie evident from the present case. The company is legally registered and makes profit and loss, the company has given the profits and the money to the respective people who are connected with the company in Tele Marketing. The entire factual matrix and the time lines clearly reflects that the complainant deliberately and unnecessarly has caused substantial delay and had been waiting for opportune movement for initiating false and frivolous litigation that the present F.I.R. has been lodged in delay and the prosecution has failed to explain the delay. Accordingly, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant and submits that the applicant alongwith co-accused Rikesh Kumar Kunwar had cheated and dishonestly obtained Rs 5,00,000/- from the complainant namely Dwarika Prasad by falsely promising that the amount deposited in the AADs WORLD company's business plan would triple in 200 days. The applicant/accused, who is the CMD of AADs WORLD company, is also accused of cheating other people in a similar manner, obtaining an amount exceeding Rs 03 crores. 4 Looking to the seriousness of this case as well as the evidence collected in the case diary, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and further the fact that the co- accused namely Rikesh Kumar who is the main accused, who has taken money from the complainant has already been granted anticipatory bail by the learned trial Court and the applicant has only one previoius criminal antecedent and no further interrogation is required, thus, this Court is of the opinion that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Asit Chakraborty on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 5 (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)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal