1 2025:CGHC:12347 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2034 of 2025 Ranjeet Singh Prajapati S/o Shri Lalu Ram Prajapati Aged About 40 Years R/o Village- Birpura, Police Station- Urai, Jalon, Uttar Pradesh ... Applicant versus State Of Chhattisgarh Through - Station House OfÏcer, Police Station- Vishrampur, District- Surajpur (C.G.) ... Non-Applicant For Applicant : Mr. Aman Tamboli, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/03/2025 1. Learned counsel for the applicant submits that today he has filed memo of appearance on behalf of the applicant. 2. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 149/2023 registered at Police Station- Vishrampur, District- Surajpur (C.G.), for the offence punishable under Sections 420, 34 of IPC and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act and Section 10 of the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Chhattisgarh Protection of Depositor’s Interest Act. 3. Case of the prosecution, in brief, is that the complainant namely Mineshwar Prasad Rajwade, filed a complaint before the District Collector, Surajpur. He alleged that Abhivap Producer Company Limited had allured him with promises of tripling his investment within a year. Consequently, he invested in the company, but after the maturity period, the company failed to return his investment. Following the complaint, an FIR was registered, and an investigation revealed that the company's branch ofÏce was located at 5-1-29, R.C. Vyas Colony, Bhilwada, Rajasthan. During the course of the investigation, the co-accused namely Dinendra Kumar Dadhich, Anant Dadhich, Kapil Jain and Mahesh Kumar Sen were arrested from Bhilwada. Thereafter, during the course of investigation, the applicant has been arrested. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. He further submits that the other co-accused persons namely Dinendra Kumar Dadhich, Anant Dadhich, Kapil Jain and Mahes Kumar Sen have been granted bail by this Court in MCRC No.8892 of 2024 vide order dated 06/02/2025 and from bare perusal of the order dated 06/02/2025 would reveal that the amount has already been refunded to the investors which has been mentioned as para No. 06 of the judgment and and further the other co-accused person namely Vinodchandra Somchand Shah has been granted bail by this Court in MCRC No. 1643/2025 on 03/03/2025. He further submits that the applicant is neither the owner of the accused 3 company nor is he actual beneficiary of its amounts therefore, no prima facie case is made out against the applicant and further no recovery has to be made from the applicant and the applicant is in jail since 19.02.2025, he prays for grant of bail to the applicant on the ground of parity. 5. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that from perusal of the case-diary, it appears that Abhipva Producer Company Limited had deceived the the present complainant and others by promising a three-fold return on their investment within a year thereafter, the company failed to refund their money after the maturity date, leading to a fraud case. During the course of investigation, information was obtained from Abhipva Producer Company Limited, Branch OfÏce 5-1-29 RC Vyas Colony, Bhilwara (Rajasthan), which revealed that the applicant/accused was a director of the company and committed the alleged crime. Accordingly, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 19.02.2025 and the recovery made from the applicant and further the fact that the present applicant being a director of the said company limited and the co-accused persons namely Dinendra Kumar Dadhich, Anant Dadhich, Kapil Jain and Mahes Kumar Sen have already been granted bail by this Court in MCRC No.8892 of 4 2024 vide order dated 06/02/2025 and further from bare perusal of the order dated 06/02/2025, it appears that the amount has already been refunded to the investors which has been mentioned in para No. 06 of the judgment and in the present case, charge-sheet has been filed before the competent Court thus, without further commenting anything on merits, I am inclined to grant bail to the applicant. 8. Let the applicant – Ranjeet Singh Prajapati, involved in Crime No. 149/2023 registered at Police Station- Vishrampur, District- Surajpur (C.G.), for the offence punishable under Sections 420, 34 of IPC and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act and Section 10 of the Chhattisgarh Protection of Depositor’s Interest Ac, be released on bail on his furnishing a personal bond with two sureties, in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under 5 Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal