1 2025:CGHC:21761 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.3666 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- Patrakar Colony/Mansarovar, District- Jaipur, (Rajasthan) (In Jail) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- D.D. Nagar, New Raipur, District- Raipur (C.G.) ... Non-Applicant For Applicant : Shri Sangeet Kumar Kushwaha, Advocate. For Non- Applicant/State : Shri HAPS Bhatia, PL. Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 09.05.2025 1. This is the 1st bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.42/2016 registered at Police Station DD Nagar, New Raipur, District Raipur for the offence Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.05.09 17:56:54 +0530 2 under Sections 420, 409/34 and 120-B IPC, under Sections 4, 5 & 6 of Price Chit Fund and Money Circulation Scheme (Banning) Act, 1978 as also under Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005. 2. Prosecution case is that the present Applicant being formal Director of Nirmal Infra Home Corporation Ltd., has accepted deposits from various customers and thereafter, did not return the amount as promised. The said deposits were accepted under various recurring/fixed deposit schemes and in some cases, under the bond scheme also. The said Company was not authorized by Security Exchange Board of India (SEBI) and Reserve Bank of India (RBI) to conduct such businesses, therefore, the aforesaid offences have been registered against the present Applicant. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the crime in question for which, he was arrested on 18.02.2018. He further submits that in a similar offence, the present Applicant has been enlarged on bail by the co-ordinate Bench vide order dated 19.12.2023 passed in M.Cr.C. No.8666/2023 and he has also been granted bail in the main FIR No.146/2017 dated 04.04.2017 registered PS Surajpur. He further submits that 8 other similar nature of offences have already been clubbed in the said FIR. He lastly submits that the trial is likely to take quite some time for its conclusion, therefore, considering all the above aspects, the present Applicant may be released on bail by this Court. 3 4. On the other hand, learned counsel for the Non-Applicant/State opposed the bail application. 5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, particularly considering that in a similar offence, the present Applicant has been enlarged on bail by the co-ordinate Bench vide order dated 19.12.2023 passed in M.Cr.C. No.8666/2023 and he has also been granted bail in the main FIR No.146/2017 and without further commenting anything on merits, I am inclined to allow the application. 6. Accordingly, the application is allowed and it is directed that if the Applicant furnishes a personal bond for a sum of Rs.50,000/- with two sureties in the like sum to the satisfaction of the concerned Court, he shall be released on bail on 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/her counsel. In case of his absence, without sufficient cause, the trial Court may proceed against him under Section 229-A of the IPC. 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, 4 then, the trial Court shall initiate proceedings against him, in accordance with law under Section 174-A of IPC. 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. Sd/- (Deepak Kumar Tiwari) Judge Priya