1 2025:CGHC:6882 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8892 of 2024 1. Dinendra Kumar Dadhich S/o Late Ramchandar Shastri, Aged About 65 Years R/o 64, Chitrakutnagar, Thana - Subhashnagar, District - Bhilwada (Rajasthan) 2. Anant Dadhich S/o Dinendra Kumar Dadhich, Aged About 36 Years R/o 64, Chitrakutnagar, Thana - Subhashnagar, District - Bhilwada (Rajasthan). 3. Kapil Jain S/o Dinesh Jain, Aged About 35 Years R/o 7B/16, Chandrashekar, District - Bhilwada (Rajasthan). 4. Mahesh Kumar Sen S/o Ramchandra Sen Aged About 35 Years R/o 4A/20, Bapunagar, Thana - Pratapnagar, District - Bhilwada (Rajasthan). ... Applicants versus State of Chhattisgarh Through The District Magistrate - Surajpur, District - Surajpur, Chhattisgarh, --- (Concerned Police Station - Bishrampur, District Surajpur) ... Non-applicant For Applicants : Mr. Shakti Raj Sinha, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.07 18:08:44 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.02.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 149/2023 registered at Police Station Bishrampur, District Surajpur (C.G.), for the offences punishable under Sections 420, 34 of the Indian Penal Code and Sections 4, 5 and 6 of Price Chit Fund and Money Circulation Scheme (Banning) Act, 1978 and Section 10 of Chhattisgarh Protection of Depositors Act. 2. The prosecution's story, in brief, is that Mineshwar Prasad Rajwade, the complainant, filed a complaint with the District Collector, Surajpur. He alleged that Abhivap Producer Company Limited had lured him with promises of tripling his investment within a year. Consequently, he invested in the company, but after the maturity period, the company failed to return his investment. Following the complaint, an FIR was registered, and an investigation revealed that the company's branch ofÏce was located at 5-1-29, R.C. Vyas Colony, Bhilwada, Rajasthan. During the course of the investigation, the applicants were arrested from Bhilwada on 06.12.2024. After obtaining transit remand, they were produced before the Court on 09.12.2024. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in 3 the aforesaid case. He submits that the the Company has already been returned the amount invested by 29 investors through cash and demand draft after which the investors have no grudge left with the Company. The total sum of amount refunded by the company is Rs. 17,28,366/-. He further submits that the applicants are in jail since 06.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before competent Court in the present matter. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and further the fact that alleged money i.e. Rs. 17,28,366/- has already been returned to the 29 investors by the Company, charge- sheet has already been submitted in the present case before the competent Court and they are in jail since 06.12.2024, conclusion of the trial may take some time, therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. Let the Applicants – Dinendra Kumar Dadhich, Anant Dadhich, Kapil Jain and Mahesh Kumar Sen involved in Crime No. 149/2023 registered at Police Station Bishrampur, District Surajpur (C.G.), for the offences punishable under Sections 420, 34 of the 4 Indian Penal Code and Sections 4, 5 and 6 of Price Chit Fund and Money Circulation Scheme (Banning) Act, 1978 and Section 10 of Chhattisgarh Protection of Depositors Act, be released on bail on furnishing personal bond with two local sureties (each) in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, 5 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 applicants are deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. OfÏce 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 Abhishek