1 2025:CGHC:43920 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6834 of 2025 Dinesh Hemraj Tembhre @ Bablu S/o Hemraj Tembhre Aged About 46 Years R/o Third Floor, Flat No. 301, Saraswati Apartment Gujrati Colony, Netaji Nagar, P.S. Kalmana, District - Nagpur (M.H.) ... Applicant versus State of Chhattisgarh Through Station House Officer - Police Station - Azad Chowk District – Raipur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Rahul Agrawal, Advocate. For Non-Applicant/State : Mr. Atanu Ghosh, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29.08.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.182/2016, registered at Police Station – Azad Chowk District – Raipur (C.G.) for the offence punishable under Sections PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.01 10:39:45 +0530 2 420, 34 of I.P.C, Sections 4 and 5 of Inami Chit and Money Circulation Scheme (Pabandi) Adhiniyam, 1978 and Section 10 of the Chhattisgarh Nichhepako Ke Hiton Ka Sanrakshan Adhniyam, 2005. 2 According to the prosecution, two companies - J.S.V. Developer India Limited and Jai Vinayak Buildcorp Limited opened offices in various cities across Chhattisgarh between 09.04.2009 to 2015. They collected large sums of money from investors under the pretext of offering lucrative investment schemes. However, upon the maturity of these investments, the companies closed their offices without returning the investors’ funds, leaving hundreds of individuals defrauded. JSV Developer India Ltd. operated a local office at Muskan Plaza, 3rd Floor, Ashwani Nagar, Mahadev Ghat Road, Raipur. Its registered office was at C-203, 3rd Floor, M.P. Nagar Zone-2, Bhopal, and the corporate office was located on the 1st Floor, Plot No. 2 to 5, M.P. Nagar Zone-2, Bhopal. The head office of Jai Vinayak Buildcorp Ltd. was situated at Lalita Apartment, Ambedkar Road, Nagpur (Maharashtra). The Directors of the companies Jagmohan Singh Kathait, Vijay Laxmi Kathait, Bhupendra Singh Kathait, Dinesh Hemraj Temre, Rajat Shabro Dey, Sukant Manjhi, Rajendra Narayan Bhale, Parth Sarthi Dey, and Satish Singh Prajapati allegedly absconded after committing the fraud. Complainant Shivnarayan Patel lodged a report at Azad Chowk Police Station, Raipur, against the directors. During the investigation, the present applicant was arrested on 02.06.2025, and a charge sheet has been filed in Criminal Case No. 04/2019. 3 3 It is respectfully submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that one of the co-accused, namely, Vijay Laxmi Kathait, who was also a Director, has already been granted bail by this Court in MCRC No. 5973/2023, vide order dated 10.11.2023. It is also submitted that the applicant has no previous criminal antecedents and charge sheet has already been filed. The applicant is in jail since 02.06.2025, as the trial is likely to take a considerable time for its conclusion, the applicant prays that he may be released on bail. 4 On the other hand, the learned State Counsel opposes the bail application. He further submits that the applicant, along with the other co-accused, is a director of the company in question, which collected investments from the public. He further pointed out that several directors are still absconding. As for the applicant, he too was absconding, and the initial charge-sheet was filed showing him as an absconder. A supplementary charge-sheet has since been filed. The State Counsel argues that, given the applicant’s history of absconding and the fact that he was arrested on 02.06.2025, he should not be granted bail, as it may hinder the trial and there is a risk he may abscond again. Therefore, the present bail application is liable to be rejected. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the 4 fact that the applicant, along with the other co-accused, is a director of the company in question, which collected investments from the public and several directors are still absconding, as for the applicant, he too was absconding, and the initial charge-sheet was filed showing him as an absconder, further a supplementary charge-sheet has since been filed, further, one of the co-accused, namely, Vijay Laxmi Kathait, who was also a Director, has already been granted bail by this Court in MCRC No. 5973/2023, vide order dated 10.11.2023, however, a perusal of the said order reveals that she being a lady was incarcerated in jail since 03.08.2019, therefore, the benefit of that order cannot be a ground for granting bail to the present applicant, moreover, looking to the applicant’s history of absconding and the fact that he was arrested on 02.06.2025, he should not be granted bail, as it may hinder the trial and there is a risk he may abscond again, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7 Accordingly, the bail application of the applicant - Dinesh Hemraj Tembhre @ Bablu involved in Crime No.182/2016, registered at Police Station – Azad Chowk District – Raipur (C.G.) for the offence punishable under Sections 420, 34 of I.P.C, Sections 4 and 5 of Inami Chit and Money Circulation Scheme (Pabandi) Adhiniyam, 1978 and Section 10 of the Chhattisgarh Nichhepako Ke Hiton Ka Sanrakshan Adhniyam, 2005, is rejected at this stage. 8 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9 Filing of the certified copy of the FIR stands waived. 5 10 Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti