1 2025:CGHC:15814 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2184 of 2025 1 - Hemant Dubey S/o Ganesh Dubey Aged About 52 Years R/o Katiyapara, Police Station City Kotwali Bilaspur, District : Bilaspur, Chhattisgarh --- Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Sarkanda, District : Bilaspur, Chhattisgarh --- Respondent For applicant : Mr. Awadh Tripathi, Adv. For Respondent : Mr. Ritesh Giri, Panel Laywer For objector : Mr. F.S. Khare, Adv. Hon'ble Shri Justice N aresh Kumar Chandravanshi Order on Board 3-4-2025 1. This is 2nd bail application filed under Section 483 of the Bhartiy Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 1272/2023 registered at Police Station Sarkanda, Distt. Bilaspur (C.G.), for the offence punishable under Section 420 and 34 of the IPC. His first bail application bearing MCRC No. 8644/2024 was dismissed as withdrawn. 2. Facts of the case in nutshett are that, on 20-9-2023, complainant Basant Kumar Pandey filed written complaint stating inter alia that, applicant Digitally signed by AVANISH KUMAR PATHAK Date: 2025.04.04 14:31:41 +0530 2 and his son namely Kapil Dubey, who is said to be main accused, has family relation with him. On being allured by co-accused Kapil Dubey that, investment in land and online trading is more beneficial, he deposited total sum of Rs. 93,76,000/- in the account of Kapil Dubey and present applicant and about Rs. 44,96,105/- was given in cash to them. The complainant gave total Rs. 1,38,72,105/- to the applicant and his son Kapil Dubey. Since no benefit was given to the complainant, therefore, he demanded said money from main accused Kapil Dubey. Thereafter, Rs. 89,07,000/- was returned to complainant, but Rs. 49,65,105/- is still outstanding. Alleging that, the accused persons cheated complainant, complainant filed aforesaid complaint, based on which, FIR was registered at PS Sarkanda, against the accused persons. After investigation, charge sheet has been filed against present applicant and his wife Manishs Dubey, showing main accused Kapil Dubey as absconder. 3. Learned counsel for the applicant would submit that applicant is involved in Bakery business and he was not aware about the act of his son Kapil Dubey. Though, Rs. 22 lakhs was deposited in the account of applicant, but he was not aware about said cheating. More than 24 lakhs rupees from the account of applicant has been refunded to the complainant against Rs. 22 lakhs, which was deposited in his account. He further submits that, charge sheet has been filed by the police, but neither complainant Basant Dubey nor his wife and two daughters have stated in their police statement that, applicant has ever influenced or allured them for said investment, but being father of accused Kapil Dubey, he is facing consequences and is in jail since 9-10-2024. He also submits that, the 3 applicant is permanent resident of Bilaspur, there is no possibility of his absconding, hence bail may be granted to him. 4. Per contra, learned State counsel, who is well assisted by learned counsel for the complainant/objector, would submit that, Rs. 49,65,105/- is still outstanding against the applicant and other accused persons. Even about Rs. 22 lakhs has been refunded to the complainant though bank payment, again payment of Rs. 2 lakhs was made by the applicant but the same has been withheld due to technical fault, it was returned in the account of applicant. Main accused Kapil Dubey is still absconding. The present applicant is actively involved in said cheating, which is evident from the fact that, he himself has got deposited huge amount of Rs. 22 lakhs in his account, therefore, the bail application is liable to be rejected. 5. Heard learned counsel for the parties and perused the material available on the case diary. 6. As per case diary, Kapil Dubey, who is son of present applicant, is said to be main accused. Though, huge amount of Rs. 22 lakhs was deposited by complainant and his daughters from their account in the account of applicant, but neither complainant nor his wife nor daughters have stated that, applicant has ever allured complainant and his family to invest amount on land and online trading for getting huge benefit. Applicant is in jail since 9-10-2024, charge sheet has already been filed. When specific question was posed to State counsel about criminal antecedent of applicant, he submits that except one case under Section 138 of the Negotiable Instruments Act, there is no other criminal antecedent of the applicant. 4 Hence considering the totality of the facts of the case, I feel inclined to release the applicant on bail. 7. Accordingly, the bail application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 50,000/- with two sureties each of the like amount to the satisfaction of the concerned trial Court for his appearance before the trial court regularly on each and every date as per direction of the court, unless exempted from appearance. Certified copy as per rules. Sd/- (Naresh Kumar Chandravanshi) JUDGE Pathak/-