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2025 DAILYLAW 36684 (CHH)

CHANDRA KUMAR SAHU v. STATE OF CHHATTISGARH

MCRCA/1120/2025 · 2025-07-28

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Judgment text

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1 2025:CGHC:37006 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1120 of 2025 Chandra Kumar Sahu S/o Dadulal Sahu, Aged About 41 Years R/o Village Sakrapali, District Sarangarh Bilaigarh, (C.G) ... Applicants versus State Of Chhattisgarh Through Station House Officer, P.S. Sarangarh, District Sarangarh, Bilaigarh C.G. ... Non-applicant For Applicant : Mr. Hemant Gupta, Advocate. For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 29.07.2025 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. 119/2025 registered at Police Station – Sarsiwan, District – Sarangarh Bilaigarh (C.G.) for the offences punishable under Sections 413, 420, 120(B) & 34 of the BNS, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.30 12:24:28 +0530 2 2. As per the Case of the prosecution the complainant earlier tries to lodged F.I.R. on 11-06-2024 which was turn-down by the than S.H.O. on 11-06-2024 u/s 155 of Cr.P.C, than the complainant fled a complaint u/s 200 of Cr.P.C. and then the Head Constable Registered the F.I.R. for the same cause on 24-04-2025. Further alleged the applicant that they have allured the complainant for Double the Amount within One Year. And thereby the complainant deposited the amount with the applicants in Forex Trading of Currency business model, for sum of Rs 10,58,216/- from 5 depositors. Hence the crime for alleged commission of offence 413, 420, 120 (B), 34 Of I.P.C. (was registered against the 2 accused including the present applicant. 3. The applicant is innocent, falsely implicated, and has no prior criminal record. The case involves a Forex trading business model called Hyper Verse, where shares of cryptocurrency were allocated to investors. Due to a global market downturn, the value of shares decreased, but the complainant demanded double their investment, which was never guaranteed. The company had clearly stated that rewards would be given as per specific terms, not as a guaranteed double return. The principle of “Buyer Beware” applies, and market fluctuations affect the share value. No custodial interrogation is necessary as this is a business dispute, not a criminal act. Earlier, the complainant’s FIR was rejected by the police under Section 155 Cr.P.C. There is no incriminating evidence against the applicant, who is not at fault, and the shares were properly allocated to the complainant, therefore, he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, the nature of the dispute, and the material available in the case diary which indicates that the dispute between the applicant and the complainant pertains to shares and profits to be paid, it appears that the present applicant has no criminal antecedents. Therefore, without commenting further on the merits of the case, 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 –Chandra Kumar Sahu , 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 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 4 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