1 2025:CGHC:46972 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6966 of 2025 Vijay Sharma S/o Chandrakant Sharma Aged About 53 Years R/o Vitthalpuram Umda Road Bhilai 3 Police Station Old Bhilai District- Durg ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Kanker District- Kanker (C.G.) ... Respondent For Applicant : Shri Awadh Tripathi, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/09/2025 1. Learned counsel for the applicant submits that in the present bail application crime number has wrongly been mentioned as ‘27/2025’ whereas, it should be Crime No.154/2025. 2. He is permitted to correct the same during the course of the day. 3. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.15 18:42:56 +0530 2 bail to the applicant who has been arrested in connection with Crime No.154/2025 registered at Police Station Kanker, District- Kanker (C.G.) for the offence punishable under Sections 318 (4), 61(2) of BNS and Section 10 of Protection of Depositors Interest Act. 4. Case of the prosecution, in brief, is that the complainant, Chetan Lal Sahu, filed a written complaint with the Kanker police station against Afsha Property Private Limited and Aagaj Infra Multi Services Private Limited (Trading Tiger Academy), alleging that they had lured him into investing Rs.7,20,000 in their real estate and Forex Trading business with promises of doubling his money. However, the company failed to return the amount, and instead, cheated him and others. The police registered a First Information Report (FIR) against the company's directors/founders/accused, including Dr. Jagannath Tandi, his wife, and CEO Anjulika Patel, under sections 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. During the investigation, section 10 of the Chhattisgarh Protection of Depositors' Interests Act, 2005 was also added. 5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case and the applicant never met the complainant and did not invest in the company based on his advice. He would submit that Omkar Chandra, a police officer deeply involved with the main accused, Jagannath Tandi, allegedly conspired to implicate the applicant in the crime. He would submit that there is no material evidence against the applicant in the charge sheet, and none of the witnesses mentioned him in their statements and the applicant is simply an investor who invested money in Tiger Trading Company and 3 had no role in the alleged crime and other co-accused have been granted bail from the court of Special Judge. He would submit that so far as the involvement of the applicant in Crime No.172/2025 is concerned, he is not wanted in that case and he has filed an additional affidavit to that effect. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 09/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 6. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that in compliance of the Court’s order dated 04/09/2025, additional affidavit has been filed. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, further the fact of involvement of the applicant in Crime No.172/2025 is concerned, he is not wanted in that case, which has been explained by filing an additional affidavit, period of detention of the applicant since 09/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 9. 9. Accordingly, the bail application is allowed and it is directed that the Applicant- Vijay Sharma, involved in Crime No.154/2025 registered at Police Station Kanker, District- Kanker (C.G.) for the offence punishable under Sections 318 (4), 61(2) of BNS and Section 10 of 4 Protection of Depositors Interest Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 5 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri