Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:34181
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3707 of 2025 Ashish Singh Chauhan S/o Dr. Anand Singh Chauhan Aged About 38 Years R/o House No. B-30, Patrakar Colony, Police Station- Pratakar Colony/ Mansarovar, District- Jaipur (Rajasthan) (In Jail)
... Applicant(s) versus State of Chhattisgarh, Through Station House Officer, Police Station Tilda Newra District Raipur (C.G.)
... Respondent For Applicant : Mr. Shrikant Mishra, Advocate. For Respondent : Mr. Neeraj Sharma, Dy. A.G. Hon'ble Shri Justice Narendra Kumar Vyas
Order on Board 18/07
/2025
1. This is the first bail application iled under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested on 06.04.2022 in connection with Crime No. 176/2017 registered at Police Station- Tilda Newra, District- Raipur (C.G.), for the offences punishable under Sections 420, 409, 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.
2. The case of the prosecution in brief is that the applicant, as the Formal Director of Nirmal Infra Home Corporation Limited, accepted deposits from various customers under recurring/fixed deposit schemes and bond schemes, but failed to return the amounts as promised. Since the ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.07.18 17:38:38 +0530
2 company was not authorized by the Securities and Exchange Board of India (SEBI) or the Reserve Bank of India (RBI) to conduct such business, offences were committed under Sections 420, 409, and 34 of the Indian Penal Code, Sections 4, 5, and 6 of the Prize Chit Funds and Money Circulation Schemes (Banning) Act, 1978, and Section 10 of the Chhattisgarh Protection of Depositors' Interest Act, 2005.
3.
Learned counsel for the applicant would submit that the applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that the present applicant has 08 criminal antecedents and co-accused person namely Prabal Pratap Singh Yadav, has already granted bail by this Court vide order dated 22.08.2024 in MCRC No. 4794/2024. He would further submit that applicant’s father Dr. Anand Singh Chauhan and his family members are residing in a rented house i.e. House No. 202-A, Pratap Nagar, Borkheda, Kota, District- Kota (Rajasthan). He would further submit that if bail is granted to the applicant by this Court, he will also reside in the same house with his family and if their address will be changed, the same shall be informed by the applicant. He would further submit that the applicant is in jail since 06.04.2022 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposing the bail application would submit that there is sufficient material on record to show involvement of the applicant in the crime in question and would pray for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 3
6. Considering the fact that co-accused namely Prabal Pratap Singh Yadav, has already been granted bail by this Court vide order dated 22.08.2024 in MCRC No. 4794/2024, the applicant is in jail since 06.04.2022, looking to the period of detention of the present applicant, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial court. He shall appear before the trial court on each and every date given by the said trial court, till disposal of the trial. 8.
The applicant is directed to inform about his residential address before the trial Court on each and every hearing and if he will unable to inform about his residential address before the trial Court, the trial Court is at liberty to proceed for cancellation of bail granted to the applicant, in accordance with law. Certified copy as per rules. Sd/- (Narendra Kumar Vyas) Judge Arun