1 2025:CGHC:14737 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2466 of 2025 1 - Harish Sharma S/o Ashok Sharma Aged About 36 Years R/o House No. 96, Aawas Colony, Tehsil Road Panghedi, Kalapepal Mandi Thana- Kalapepal, District- Shajapur, (MP). --- Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Gidam, District- Dantewada (C.G.) --- Respondent(s) For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate For Respondent/State : Mr. Keshav Prasad Gupta, Govt. Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 27/03/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 79/2019 registered at Police Station - Gidam, District Dantewada (C.G.), for the offence punishable under Sections 420, 34 of the Indian Penal Code, Section 4, 5 and 6 of Price Chit Fund and Money Circulation Scheme (Banning) Act, 1978 and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.03.27 15:07:26 +0530 2 2. Case of the prosecution, in brief, is that the present applicant being being formal Director of Nirmal Infra Home Corporation Ltd., has accepted deposits from various customers and thereafter, did not return the amount as promised, whereas the deposits were accepted under various recurring/fixed deposit schemes, also in some cases under the bond scheme. The said companies were not authorized by Security Exchange Board of India (SEBI) and Reserve Bank of India (RBI) to conduct such businesses, therefore, the offence has been committed under Sections 420, 120-B, 409 and 34 of the Indian Penal Code and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005 and Section 3,4, 5 and 6 of Price Chit Fund and Money Circulation Scheme (Banning) Act, 1978. 3. 3. Learned counsel for applicant submits that the applicant has been falsely implicated in this case. The applicant is one of the Director, but he is not involved in deceiving the investors, nor he has directly taken any amount from any persons. It is further submitted that although 11 cases have been registered against the applicant in the State of Chhattigarh in which charge-sheet has been filed. As per order dated 13.07.2022 passed by the Hon’ble Supreme Court in WPCR No. 40 of 2022, all 11 cases have been clubbed in the principal case which is pending as Criminal Case No. 2 of 2020 (FIR No. 146/2017) before the Court of Surajpur. He would further submit that in some of the cases (Crime No. 42/2016, registered at Police Station, DD Nagar, Raipur) and (Crime No.146 of 2017, registered at Police Station Surajpur, District Surajpur), the present applicant has already been granted bail by the Coordinate Bench of this Court on 28.06.2022 in 3 MCRC No. 3380 of 2022 and vide order dated 07.11.2023 in M.Cr.C. No.7049 of 2023 respectively, which is annexed as Annexure A/3 and A/5 along with this bail application. He further submits that the applicant has also been granted bail by the Chief Judicial Magistrate in another similar case by order dated 25.07.2022, a copy of the order dated 25.07.2022 is annexed as Annexure A/6 in the bail application. It is further submitted by the learned counsel for the applicant that identically situated co-accused, namely, Abhishek Singh Chauhan also granted bail by the Coordinate Bench of this Court vide order dated 04.10.2023, copy of the order dated 04.10.2023 is not annexed in the present bail application. It is further submitted that the applicant is in jail since 24.02.2022. Though charge-sheet has been filed, however, till date the charges have not been framed. Thus, conclusion of trial is likely to take quite long time and therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for State would oppose the bail application and submit that the applicant being Director of the aforesaid company have cheated the poor investors and thereby collected huge amount from them. It is further submitted that in the State of Chhattisgarh, 11 cases have been registered against the applicant. All the cases have been clubbed in pursuance of the order of the Supreme Court dated 13.07.2022 with principal FIR/ Criminal Case pending in the Court of Surajpur. Therefore, looking to the nature and gravity of the offence, the applicant does not deserves to be released on bail. 4 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly taking into consideration the detention period of the applicant and also considering the fact that despite filing of charge- sheet, till date charges have not been framed and also considering the fact that the some of the cases (Crime No. 42/2016, registered at Police Station, DD Nagar, Raipur and Crime No.146 of 2017, registered at Police Station Surajpur, District Surajpur), the present applicant has already been granted bail by the Coordinate Bench of this Court on 28.06.2022 in MCRC No. 3380 of 2022 and vide order dated 07.11.2023 in M.Cr.C. No.7049 of 2023 respectively and the applicant has also been granted bail by the Chief Judicial Magistrate in another similar case by order dated 25.07.2022 and the identically situated co-accused, namely, Abhishek Singh Chauhan also granted bail by the Coordinate Bench of this Court vide order dated 04.10.2023, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the following conditions :- (i) The applicant shall file an undertaking to the effect that she 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 5 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 her absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (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 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient 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. 8. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 6 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) Judge Balram