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2025 DAILYLAW 39270 (CHH)

ASKARALI M. v. STATE OF CHHATTISGARH

MCRCA/1227/2025 · 2025-09-18

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1 2025:CGHC:48397 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1227 of 2025 Askarali M. S/o Mohammed Basir Aged About 35 Years (Aadhar No. 5491 6586 6962), R/o 30, Ramar Extension, Gobichettipalayam, Erode, Tamil Nadu, Pin – 638452 ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Purani Basti, Raipur, District : Raipur, Chhattisgarh ... Respondent For Applicant : Shri Hari Agrawal, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19/09/2025 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.16/2023 registered at Police Station – Purani Basti, District Raipur (CG) for the offences punishable under Sections 420, 34 of Indian Penal Code. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.22 11:00:25 +0530 2 2. Case of the prosecution, in brief, is that vide written report dated 14.01.2023, the informant namely Rupesh Kumar Sonkar filed a written complaint stating as under:- (a) In the month of November, 2021, he had a discussion with one Neelmani Sahu regarding a Crypto currency company, who informed him about a company where upon investment, the invested sum multiplies by three times in 300 days. (b) Upon this, in the month of January, 2022, the informant, his friend Dhanendra Sahu, Devanand Sonwani, Neelmani Sahu, Akshay Pradhan went to Chennai to attend a seminar organized by the said Crypto Currency company. (c) In the said seminar, they got detailed information about the investment in Crypto currency from the Company's M.D. (i.e. Babu), C.M.D. (Imran Khan), Management (Johnson) & Agent (Kazamithin Munniraj), to the effect that as per the company's plan if a sum of Rs.100/- is invested then within 300 days the investment gets tripled and Rs.300/- would be returned to them. (d) On this representation, the informant and others invested a total sum of Rs. 13,13,000/- in the bank account/phone numbers provided by the company. Accordingly, on the aforesaid written report, a FIR being Crime no. 16/2023 was registered for the offence punishable under Section 420, 34 of I.P.C. 3 Thereafter, very recently, the applicant herein came to know that the Police authorities are trying to arrest the applicant herein in aforesaid crime number, as such, the applicant had preferred anticipatory bail before the Court below and vide order dated 23.07.2025, the Court below rejected the application of the applicant herein, hence this anticipatory bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that it is not the case of the prosecution that the applicant herein allured or represented before the informant and others to invest in the Crypto Currency company and the applicant herein is in no way connected with the Crypto Currency company and he himself is an investor in the said company and used to regularly invest his own amount and transfer them in the bank accounts of the company officials, as such, the ingredient of Section 420 of IPC are not available against the applicant herein. He would submit that perusal of the bank statement would also show that the said bank account was being handled by the applicant herein and it was not let out to any other person for illegal gains or transfer. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. He would submit that the applicant has no criminal antecedents. 4 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, materials available on record, considering the fact that the applicant himself is an investor in the said company, further the fact that applicant has no criminal antecedents and also considering the fact that investigation and trial are likely to take some time, therefore, 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 – Askarali M., on executing a personal bond and one local 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. (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. 5 (d) The applicant and the surety shall submit a copy of their 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