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2025 DAILYLAW 43920 (CHH)

SHANKHNATH TANDI v. STATE OF CHHATTISGARH

MCRCA/1436/2025 · 2025-09-16

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Judgment text

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1 2025:CGHC:47815 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1436 of 2025 1 - Shankhnath Tandi S/o Late Shri Shyam Lal Tandi Aged About 42 Years R/o Village- Mendra Tehsil- Pithora, District- Mahasamund (C.G.) 2 - Jagdish Pastskar S/o Sarju Prakash Patskar Aged About 50 Years Grah Laxmi Kirana Store Arya Vidya Mandir, Rampur, Korba, Tehsil And District- Korba (C.G.) 3 - Santosh Karsh S/o Chamru Karsh Aged About 46 Years R/o Kushmanda, Gevra Basti, Distt.- Korba (C.G.) 4 - Keshav Kumar Rajak S/o Shatrughan Rajak Aged About 48 Years R/o Agarkaar Ward No. 51, Jamnipali, Korba, Tehsil And District- Korba (C.G.) 5 - Gautam Kumar Kaushik S/o Bansi Lal Aged About 33 Years R/o Barampur, Azad Nagar, Post Durpa, Distt.- Korba (C.G.) 6 - Jitendra Deshmukh S/o Bhagchand Deshmukh Aged About 30 Years R/o Pragatinagar, Gudiyari, Distt.- Raipur (C.G.) ...Applicants versus State Of Chhattisgarh Through Police Station- Rajendra Nagar, District- Raipur (C.G.) ...Non-applicant For Applicants : Mr. Awadh Tripathi, Advocate. For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.09.2025 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.18 11:37:21 +0530 2 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, they have been apprehending their arrest in connection with Crime No.150/2025 registered at Police Station - Rajendra Nagar District - Raipur (C.G.) for the offences punishable under Sections 318(4), 61(2) & 3(5) of BNS. 2. The prosecution story is that complainant namely Chandan Agrawal has lodged a report at police station Ragendra nagar, though he is a residence of the Hydko Amdi Nagar Bhilai, And according to him on 11.12.2024 one Santosh Karsh has called the complainant at kishore mall New Rajendra-nagar, where the director founder member of the Tiger Trading Academy and the others including the present applicant met with the complainant Chandan at the meeting and induced him to invest the money so, that the complainant through his mobile phone no. deposited the money in the bank account number of the Tiger Trading Academy bank account no. 25722895858 of the sum of Rs. 10,000/- and 10,000/-was deposited and on 16.12.2024 again a sum of 10,000/-, on 09.01.2025 sum of rupees 25,000/-, on 18.01.2025 the sum of Rs. 50,000/-, on 21.01.2025 the sum of Rs. 50,000/-, on 24.02.2025 the sum of Rs. 25,000/- totaling to the sum of Rs. 7,30,000/-. And thereafter has also deposited the money in total rupees totally of Rs. 27,25,000/- but thereafter they have not returned back the money. And on the basis of the complaint in which the police has sought the arrest in the alleged commission of the offence. 3. The applicants are innocent and have been falsely implicated. The FIR does not attribute any act of inducement to them. They are neither 3 directors, signatories, nor managing authorities of Tiger Trading Academy or related entities. Applicants No. 2 to 5 are themselves investors, just like the complainant, which is evidenced by Annexure A/3. No money has ever been deposited in or withdrawn from the account of the present applicants. The complainant, a resident of Bhilai, has mala fidely lodged the FIR at Rajendra Nagar, Raipur, where police officer Omkar Chandra is posted, who himself was involved in the trading activities and, after suffering losses, instigated customers through WhatsApp messages to lodge reports (Annexure A/4). Said officer also harassed and falsely implicated the applicant’s relatives in other cases. None of the company records show the applicants as directors or partners. Their names have been dragged only because one applicant is the brother of Jagannath Tandi. They undertake to abide by all conditions imposed by this Hon’ble Court, are permanent residents of the given address, and there is no likelihood of absconding or tampering with evidence, therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicants. 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 the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, this Court, without expressing any opinion on the merits, I am inclined to grant anticipatory bail to the present applicants. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Shankhnath Tandi, Jagdish Pastskar, Santosh Karsh, Keshav Kumar Rajak, Gautam Kumar Kaushik & Jitendra Deshmukh 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) they 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. (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) the applicants 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) they shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav