1 2025:CGHC:2504 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 74 of 2025 1. Naresh Kumar Patel S/o Shri Radheshyam Patel, Aged About 40 Years, R/o Village Ward No. 1 Dharramuda, Police Station and Tahsil Raigarh, District - Raigarh (C.G.). 2. Heeradhar Yadav S/o Bahur Yadav, Aged About 38 Years R/o Village Bemcha, Police Station and Tahsil Mahasamund, District Mahasamund (C.G.). ... Applicants versus State of Chhattisgarh Through Station House OfÏcer, Mahasamund, District - Mahasamund (C.G.). ... Non-Applicant For Applicant : Mr. Kashish Saluja, Advocate. For Non-Applicant/State : Mr. S.S.Baghel, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 553/2024 registered at Police Station – Mahasamund, District - Mahasamund (C.G.) for the offence punishable under Sections 420/34 of the Indian Penal Code (In short, IPC). PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.15 19:41:49 +0530 2 2. The prosecution story, in brief, is that in the year 2014, the complainant invested in Satyadeep Mega Buildcon Infra India Limited through its Mahasamund Branch Manager, Heeradhar Yadav, and agents Bhikkam Lal Sahu, Surendra Kumar Sahu, and Bhuneshwar Sahu. The company promised to double the invested amount within five years. An agreement was notarized on 06.02.2014, and two bonds worth Rs.5 lakh each were issued, guaranteeing Rs.10 lakh each upon maturity on 05.09.2019. However, despite the maturity date passing, the complainant did not receive the amount. When confronted, Heeradhar Yadav deceived the complainant, stating that the process was ongoing, before suddenly closing the company. The company's directors, including Heeradhar Yadav, Kishore Kumar Sahu, Naresh Kumar Patel, Netram Thakur, Vikram Sahu, and Ghanshyam Yadav, allegedly conspired to cheat investors, leading to charges under Sections 420 and 34 of the IPC being filed against them at the Mahasamund Police Station in District Mahasamund. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that due to loss to the company in the year 2015-16, the company was closed and is no longer in operation. When the complainant contacted the Director/applicants of the company to withdraw the amount invested in the bond paper in the year 2019, they gave full assurance of returning the complainant’s money and told him to return the amount in installments and till now a total of Rs. 4,65,000/- has been returned to the complainant and in January 2023 due to non- arrangement of the amount, they asked for time from the complainant. The complainant did not have patience and got the case registered. Therefore, he prays for grant of anticipatory bail to the applicants. 3 4. On the other hand, learned State counsel oppose the bail application and submits that the complainant invested in Satyadeep Mega Buildcon Infra India Limited through its Mahasamund Branch Manager, Heeradhar Yadav, and agents Bhikkam Lal Sahu, Surendra Kumar Sahu, and Bhuneshwar Sahu. The company promised to double the invested amount within five years. Despite the maturity date passing, the complainant did not receive the amount, therefore, this anticipatory bail is liable to be rejected. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicants, and from the perusal of the case diary it transpires that till now a total of Rs. 4,65,000/- has been returned to the complainant and in January 2023 due to non- arrangement of the amount, they asked for time from the complainant and the applicants had categorically stated that they are ready to return the entire amount of the complainant, further, the applicants have no previous criminal antecedents, hence, this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant Nos. 1 and 2 – Naresh Kumar Patel and Heeradhar Yadav on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicants 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 them from disclosing such fact to the Court. 4 (b) The Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicants shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d)The Applicants and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicants shall not involved themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti