1 2025:CGHC:31698 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 994 of 2025 Birendra Dahariya S/o Vijay Dahariya, Aged About 30 Years R/o Village Chicha Sector- 27, Naya Raipur District Raipur (Chhattisgarh) (Wrongly Mentioned As Chichi) ...Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Gurur District Balod (Chhattisgarh) ... Respondent For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 09.07.2025 1. The applicant has preferred this anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 224/2024, registered at Police Station Gurur District - Balod (C.G.) for the alleged commission of offence punishable under Sections 318(4), 61(2), 3(5) of BNS. 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.10 12:23:51 +0530 2 2. As per the prosecution story the prosecution, is that a written complaint was lodged by the complainant alleging that the co- accusedd namely Kholbahra Kaiwartya, Chandrahas Kariyam and Sarita Kariyam lured the villagers and asked the ladies of the village to form a group of 3-4 people and they will take loan from the banks in the name of those groups and provide 10% in the loan amount taken from every individual ladies and they will keep the rest of the amount for further investment and also promises that they will repay the installments of those loans, therefore on the promise of Kholbahra Kaiwartya, Chandrahas Kariyam and Sarita Kariyam, the villagers applied for loan through them and after getting their commission of 10%, they have handed over the amount to Kholbahra Kaiwartya, Chandrahas Kariyam and Sarita Kariyam. It has been further alleged that, when the recovery agent calls for the repayment of installment then they came to know about the fraud has been committed by Kholbahra Kaiwartya, Chandrahas Kariyam and Sarita Kariyam during investigation Kholbahra Kaiwartya, Chandrahas Kariyam and Sarita Kariyam were arrested by the police in further investigation the name of the applicant has been added as an collection agent. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The applicant’s involvement in the alleged offense is completely exculpatory: the memorandum produced by co-accused Kolbehra attributes the collection of funds from the complainant to him, and states that he alone invested the amount— first in the Platinum Utima coin app, and upon suffering losses, subsequently in RBD FX, operated by his associates Rakesh Kumar Jangde and Devanand Sonwani, who are merely friends of the 3 applicant. Thus, the entire transaction was carried out by Kolbehra without any participation or benefit to the applicant. Furthermore, the applicant’s name does not appear in the FIR, no incriminating documents or money have been seized from him, and the prosecution has not explained the considerable delay in filing the FIR. His non- involvement is reinforced by the fact that the co-accused have already been granted bail, and the prosecution has failed to demonstrate any personal gain by the applicant. Ultimately, this case appears to be civil in nature and its continuation under criminal law constitutes an abuse of process, justifying the applicant’s bail under suitable conditions. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State counsel opposes the submission made by the learned counsel for the applicant and submits that the present applicant along with other co-accused persons committed fraud and he has three criminal antecedents, therefore, he is not entitled for grant of anticipatory bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence, and upon perusal of the case diary as well as the material available on record, it appears that the present applicant, along with the co-accused, is prima facie involved in the commission of fraud. Furthermore, the applicant has three pending criminal antecedents and was previously arrested in another case. In view of the aforesaid circumstances, I am not inclined to grant anticipatory bail to the applicant. 4 7. Accordingly, the anticipatory bail application of the applicant – Birendra Dahariya, involved in Crime No. 224/2024, registered at Police Station Gurur District - Balod (C.G.) for the alleged commission of offence punishable under Sections 318(4), 61(2), 3(5) of BNS. 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav