1 2025:CGHC:16476 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2764 of 2025 Harish Sharma S/o Ashok Sharma Aged About 36 Years R/o House No. 96, Aawas Colony, Kalapepal Mandi Thana- Kalapepal, District- Shajapur, (MP) (In Jail) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Kanker, District Kanker (C.G.) ... Respondent(s) For Applicant(s) : Mr. Kaustubh Singh Thakur alongwith Mr. Sangeet Kumar Kushwaha, Advocates. For Respondent(s) : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 127/2017 registered at Police Station Kanker, District Kanker (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Section 420, 34 of IPC and Sections 4, 5 and 6 of Price Chit Fund and Money Circulation Scheme (Banning) Act, 1978 and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005. 3. Case of the prosecution, in brief, is that the present applicant being Formal Director of Nirmal Infra Home Corporation Limited, has accepted deposits from various customers and thereafter did not return the amount as promised, whereas the deposits were accepted under various recurring/fixed deposits Scheme, 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 business therefore aforesaid offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 4. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that two of the identically situated co-accused persons, namely, Prabal Pratap Singh and Lakhan Soni have already been granted regular bail by this Court vide order dated 22.08.2024 and 02.01.2025 in MCRC Nos.4794/2024 and 9034/2024. The applicant is in jail since 22.07.2022, the applicant has six criminal antecedents, out of which, in one case as Case Crime No.146/2017, the applicant has been granted bail by this Court vide order dated 07.11.2023 in MCRC No.7049/2023, copy of which is annexed as Annexure A-3, in one case as Case Crime No.42/2016 applicant has been granted bail by the Co-ordinate Bench of this Court vide order dated 28.06.2022 in MCRC 3 No.3380/2022, copy of which is annexed as Annexure A-4, in two more cases, applicant has been granted bail by the Co-ordinate Bench of this Court and rest of the two cases are still pending against him, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant, who is Formal Director of Nirmal Infra Home Corporation Limited alongwith other co-accused persons had committed fraud by accepting deposits from various customers and thereafter did not return the amount as promised and the said company was also not authorized by security exchange Board of India (SEBI) and Reserve Bank of India (RBI) to conduct such business, further applicant has six criminal antecedents against him, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 22.07.2022, the fact that though applicant, who is Formal Director of Nirmal Infra Home Corporation Limited alongwith other co-accused persons are alleged to have committed fraud by accepting deposits from various customers and later on did not return the amount as promised, but two of the co-accused persons, 4 namely, Prabal Pratap Singh and Lakhan Soni have already been granted regular bail by this Court vide order dated 22.08.2024 and 02.01.2025 in MCRC Nos.4794/2024 and 9034/2024 and the case of present applicant is identical to that of the co-accused persons, so far as criminal antecedents of the applicant are concerned, applicant has six criminal antecedents, out of which, in one case as Case Crime No.146/2017, the applicant has been granted bail by this Court vide order dated 07.11.2023 in MCRC No.7049/2023, copy of which is annexed as Annexure A-3, in one case as Case Crime No.42/2016 applicant has been granted bail by the Co- ordinate Bench of this Court vide order dated 28.06.2022 in MCRC No.3380/2022, copy of which is annexed as Annexure A-4, learned counsel for the applicant has stated at bar that in two more cases, applicant has been granted bail by the Co-ordinate Bench of this Court and besides these four cases, applicant has only two cases pending against him, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant-Harish Sharma, involved in Crime No. 127/2017 registered at Police Station Kanker, District Kanker (C.G.) for the offence punishable under Section 420, 34 of IPC and Sections 4, 5 and 6 of Price Chit Fund and Money Circulation Scheme (Banning) Act, 1978 and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 5 (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 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil