Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:15296
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2554 of 2025 • Nanhudas Manikpuri S/o Late Dataram Manikpuri Aged About 54 Years R/o Village- Suwatal, P.O.- Hardi, Tehsil- Sarangarh, District Sarangarh-Bilaigarh (C.G.) (Age As Per Aadhar Card)
... Applicant versus • State of Chhattisgarh Through - P.S.- Sarsiwan, District Sarangarh-Bilaigarh (C.G.)
... Non-applicant For Applicant : Mr. Priyank Rathi, Advocate For Non-applicant/State :Mr. Shashank Thakur, Dy.A.G. Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board 01.04.2025
1. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 48/2024 registered at Police Station – Sarsiwan, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 420, 120-B, 409 and 406 of the Indian Penal Code (In short, IPC), and Section 10 of the Depositors Interest Act, 2005.
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2. Case of the prosecution, in brief, is that the complainant has made written complaint to the concerned Police Station that the complainants have invested the money in Roshani Foundation Institution on compromise to return original amount with 30% interest with additional item on completion of the 1 years, but the same has not been provided by such Roshni Foundation Institution to investor. On the basis of the complaint, the Police has registered the offence under Section 420, 120-B, 409, 406 and 34 of the IPC against the applicants and thereafter the applicants were arrested by the Police. Hence, these applications.
3. First bail application of the applicant was rejected by this Court vide order dated 16.08.2024 passed in MCRC No.5522/2024.
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Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the trial of the present case is on going on and out of 97 prosecution witnesses, none has been examined before the trial Court. It is submitted that the applicant is in jail since 28.01.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 5. On the other hand, learned State counsel, opposes the bail application and submits that the approximately 45 people have deposited cash in the Roshni Foundation organization,
3 but on depositing the amount, they neither received 30% additional interest, nor was the principal amount returned after completion of the tenure of one year, and in this way the applicants have embezzled a total of 9 Crore 2 Lakh Rupees by cheating the people in the name of 30% profit, on which ground the first bail application of the applicant was rejected by this Court. Thus, the bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and also considering the fact that though the trial of the present case is on going on and out of 97 prosecution witnesses, none has been examined before the trial Court, but considering the nature of allegation that approximately 45 people have deposited cash in the Roshni Foundation organization, but on depositing the amount, they neither received 30% additional interest, nor was the principal amount returned after completion of the tenure of one year, and in this way the applicants have embezzled a total of 9 Crore 2 Lakh Rupees by cheating the people in the name of 30% profit, the crime in question is an organized crime, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this second bail application of applicant –
4 Nanhudas Manikpuri involved in Crime No. 48/2024 registered at Police Station – Sarsiwan, District – Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 420, 120-B, 409 and 406 of the IPC, and Section 10 of the Depositors Interest Act, 2005, is rejected at this stage. 9.
Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.04 11:36:24 +0530