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2025 DAILYLAW 34817 (CHH)

PAWAN KUMAR SAHNI v. STATE OF CHHATTISGARH

MCRCA/1074/2025 · 2025-07-21

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Judgment text

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1 2025:CGHC:35235 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1074 of 2025 Pawan Kumar Sahni S/o Shri Suresh Kumar Sahni, Aged About 34 Years R/o New Krishna Nagar, Supela, Bhilai, District Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Vaishali Nagar, District Durg Chhattisgarh ... Non-applicant For Applicant : Mr. R.S. Patel, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer For Objector : Mr. Sandeep Agrawal, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 22.07.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 167/2025, registered at Police Station – Vaishali Nagar, District – Durg (C.G.) for the alleged commission of 2 offence punishable under Sections 420, 467, 468, 471 & 120(b) of IPC. 2. As per the prosecution case, the complainant, Gyan Prakash Sahu, lodged a written complaint at Police Station Vaishali Nagar alleging that in January 2019, he was introduced to accused persons Uttam Kumar Sahu, Nikhil Chandrakar, Pawan Sahani, and Umesh Patel, who claimed to be operating a company named Infinox Capital, promising 10–20% monthly returns through forex trading using Artificial Intelligence. On the assurance of doubling his investment, the complainant was induced to transfer a total amount of 1,30,74,966 through ₹ various bank accounts and UPI transactions, and in cash, to the accused persons. Despite repeated requests, the amount was not returned. In 2022, the accused claimed to have launched another company, ROBOTRADESS FX LIMITED, and executed an agreement on 27.07.2023, again promising to return double the money, but failed to fulfill the promise. It is further alleged that the accused have defrauded several other individuals in a similar manner. Based on the complaint, Crime No. 167/2025 was registered at Police Station Vaishali Nagar for offences punishable under Sections 420, 120B, 467, 468, and 471 of the IPC. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that there is no material evidence present in the instant case which shows the 3 involvement of the present application in the aforementioned offences. The applicant has not committed any alleged offence and therefore, not made out the offences against the present applicant and in this case other co-accused has granted anticipatory bail by this court, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel as well as learned counsel for the objector opposed the submission made by the learned counsel for the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and the material available on record in the case diary, and also taking into account that the other co-accused persons have already been granted anticipatory bail by this Court in MCRCA No. 678 of 2025 and MCRCA No. 978 of 2025, without commenting further on the merits, 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 – Pawan Kumar Sahni, 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) he shall not directly or indirectly make any 4 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. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav