1 2025:CGHC:31065 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 978 of 2025 Umesh Kumar Patel S/o Shri Shivram Patel Aged About 42 Years R/o Ward No.04, Sihawa District Dhamtari Current Address Professor Colony, Sector - 02, Raipur District - Durg (Incorrect ) District - Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Vaisali Nagar, District - Durg (C.G.) ... Respondent For Applicant : Shri R.S. Patel, Advocate. For Respondent/State : Dr. Saurabh Kumar Pandey, Dy.A.G. For complainant : Shri Krishna Tandon, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07/07/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.167/2025 registered at Police Station – Vaishali Nagar, Dist- Durg, C.G. for the offence punishable under Section 420 & 120(b) of IPC, 1860. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.08 16:24:26 +0530 2 2. Case of the prosecution, in brief, is that it is alleged that one Gyan Prakash Sahu lodged a written complaint in the Vaishali Nagar police station with the intention that he works in property dealing and mind & memory training. In January 2019, I met Uttam Kumar Sahu, at Friends Cafe, Vaishali Nagar, where Nikhil Chandrakar, Umesh Patel were also present. All of them told me that Infinox Capital is a company which is run by us (Uttam Kumar Sahu, Nikhil Chandrakar, Pawan Sahani, Umesh Patel) and from this company through Al (Artificial Intelligence) we are provide 10-20% monthly profit to the customers by operating the customers' accounts through the system. He was also told that the company trades in many currencies like EUR/USD, GBP/USD, XAU/USD pair and to get return money in double status and to take advantage of the company's scheme, you will have to open a forex trading account with the company. After the meeting, Uttam Kumar Sahu sent me the link of the company to open an account and to update my KYC and said that you will have to deposit the amount in dollars on account. When I refused, Uttam Kumar Sahu, Nikhil Chandrakar, Pawan Sahani, Umesh Patel told me to deposit the money in our account and give you the cash amount so that we will double it for you. Then I gave Rs. 5,00,000/- in cash to Uttam Kumar Sahu and my bank account HDFC Bank A/C No. 50200031680359 IFSC code: HDF CO002440, Branch Smriti Nagar Bhilai, savings A/C 50100291777462 and through Uttam Kumar Sahu's bank account and UPI- A/C (1) 6935 Bank, IFSC-UTIB0000521 (2) UPI- SAHUPAYTM6216@oksb (3) 1000x5636-581(4) xxxxxx3144-HDFC Bank (5) KKKKKKKK3149-IDFC Bank (6) 8770106500@YBL->(7) 87701065 00@HDFCF (8) Transferred Rs. 1,19,29,434/- to UPT- xxxxx-IDF80080541. Transferred Rs. 15,00,000/- in cash to Nikhil Chandrakar and Rs. 58,02782/- to Nikhil Chandrakar's bank account from my above mentioned bank account and UPI to (1) HDFC Bank xxXXXXXX1393 (2) 50200036741393-HDFC Bank (3) 50100247846773-HDFC Bank (4) BKID0009306 (IFSC code) (5) PANKNIKHIL @ybl. And other accounts given by Nikhil Chandrakar: Tikendra Adil SBIN005600 (IFSC code) -40,000/- Neelam Adil SBIN005629 IBKL0001211-2,40,000/- Kuleshwar Chandrakar (BKID0831866)-30,000/-Govardhan Chandrakar (BKID0831866)- 3 150,000/-PANKNIKHIL@YBL-15000/-Transferred 16,00,000/- to Pawan Sahani in cash and from my above bank account and UPI to Pawan Sahani's bank account, UPI (1) HDFCBank-XXXXXXxx3367 (2) SBIN0030398- (3) UPI-8823037666@YBL (4) Transferred 27,15,443/- to 50200041460428-HDFC Bank (IFSC code-00002440). When I demanded the said amount several times but these people procrastinating. After speaking repeatedly, these people called me to Indian Coffee House Supela in the year 2022 and said that we have launched ROBOTRADESS FX LIMITED named forex trading company in Chhattisgarh of which he (Uttam Kumar Sahu) is the director and Nikhil Chandrakar, Pawan Sahagi, Umesh Patel told that we all are the deputy directors of ROBOTRADESS FX Limited. We will return double your money, I said that I don't want double, just return his entire principal amount, then an agreement was made by Uttam Kumar Sahu on 27 July 2023 in which he himself accepted that I myself have launched ROBOTRADESS FX LIMITED company in Chhattisgarh, through which I will return double your money, but till date my money has not been returned by them and I later came to know that by sending fake links and they have cheated me of Rs 1,30,74966 (one crore thirty lakh seventy four thousand nine hundred sixty six) and they have also cheated many people and obtained cores of rupees. On the basis of abovementioned written complaint, Police Station Vaishali Nagar has registered a crime number 167/2025 under section 420, 120B, IPC. 3. Learned counsel for the applicant submitted that an FIR was lodged from the side of the applicant against the complainant which was registered as case crime no.159/2025 in which the co-accused persons who were arrayed as an accused on the FIR of the applicant had filed MCRCA No.678/2025 and the same was allowed by this court on 8/05/2025. It is stated that after three months of the incident, the accused of the said case has lodged present FIR against the applicant. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4 4. On the other hand, learned State counsel, appearing for the non - applicant/State as well as learned counsel for the complainant opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, considering the submission of learned counsel for the parties, considering the fact that an FIR was lodged from the side of the applicant against the complainant which was registered as case crime no.159/2025 in which the co-accused persons who were arrayed as an accused on the FIR of the applicant had filed MCRCA No.678/2025 and the same was allowed by this court on 8/05/2025 and after three months of the incident, the accused of the said case has lodged present FIR against the applicant and also considering the fact that investigation and trial are likely to take time, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Umesh Kumar Patel, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. 5 (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri