Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:56771
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9431 of 2025 Surendra Singh Kariyam S/o Dharam Singh Aged About 43 Years R/o Shivnagar, Post Tara, Tahsil - Premnagar, Shivnagar, Surajpur, District - Surajpur, Chhattisgarh.
... Applicant versus State of CG Through SHO PS Kanker, District - North Bastar, Kanker, Chhattisgarh.
... Non-applicant For Applicant : Mr. Ankur Agrawal, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 21.11.2025
1. This is the 7rst bail application 7led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 103/2025 registered at Police Station Kanker, District North Bastar, Kanker (C.G.), for the o;ences punishable under Sections 420, 120(b), 34 of the Indian Penal Code and Section 6, 10, of the CG P.D.I. Act. 2. As per the prosecution story, it is alleged that on 08.04.2025, the complainant appeared at Kanker Police Station and submitted a written complaint stating that individuals associated with RV Company, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.21 17:06:48 +0530
2 Ambikapur, and Spash Advisors Private Limited, Raipur, who are referred to as “connectors,” identify people in their vicinity who need a loan but are unable to obtain one on a salary basis, or those who already have an existing loan, and assure them of arranging a new loan. The said company has a setup with banks and 7nance companies like HDFC, ICICI, Bandhan, Axis, IDFC, Kotak, etc. The connectors persuade people by telling them that they would not be eligible for a higher loan amount based on their salary alone, but considering the involvement of the company, the bank would sanction a higher loan. They further tell them that the company will take 50% of the loan amount because the loan has been sanctioned due to the company’s e;orts, and that the company will also pay their installments for 5–6 years. The connectors collect necessary documents such as PAN, Aadhaar card, salary slip, bank statement, etc. Loans were sanctioned by the company by obtaining personal loans from several banks. Money transactions were carried out from the accounts of Manoj Pradhan and Surendra Singh Kariham of RV Company, and Abhay Kumar Gupta and Rajiv Hussain of RV Company, Raipur. The company sanctioned a loan of Rs. 22,96,388/- in the name of Manoj Sinha and defrauded an amount of Rs. 13,75,000/-. Similarly, by getting loans sanctioned in the names of persons like Rajkumar, Lalitkumar, Rakesh Kumar, etc., a total fraud of Rs. 3,72,50,327/- has been committed. Initially, an FIR was registered against four persons, namely, Abhay Gupta, Manoj Pradhan, Surendra Singh Kariyam, and Rajiv Hussain, who were the directors/partners of the company.
Thereafter, the applicant was arrested by the Police of PS Kanker, District North Bastar Kanker, on 12.04.2025 in Crime No. 103/2025 for the alleged o;ences under Sections 420, 120-B, 34 of the IPC and Sections 6 and 10 of the CGPDI Act, 2005. 3
3.
Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. He further submits that the applicant has only one criminal antecedent of a similar nature, for which he has also preferred a bail application. He submits that the other co-accused persons, namely Manoj Kumar Bhagat, Ragif Hussain @ Vashu, and Abhay Kumar Gupta alias Abhaykant Gupta, have already been granted regular bail by this Court in MCRC No. 7146 of 2025, MCRC No. 8299 of 2025, and MCRC No. 8145 of 2025, vide order dated 06.11.2025. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity.
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 in the present case.
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 that the other co-accused persons, namely Manoj Kumar Bhagat, Ragif Hussain @ Vashu, and Abhay Kumar Gupta alias Abhaykant Gupta, have already been granted regular bail by this Court in MCRC No. 7146 of 2025, MCRC No. 8299 of 2025, and MCRC No. 8145 of 2025, vide
order dated 06.11.2025. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 12.04.2025 and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Surendra Singh Kariyam, involved in Crime No.
4 103/2025 registered at Police Station Kanker, District North Bastar, Kanker (C.G.), for the o;ences punishable under Sections 420, 120(b), 34 of the Indian Penal Code and Section 6, 10, of the CG P.D.I. Act, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 7le an undertaking to the e;ect that he shall not seek any adjournment on the dates 7xed 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 7xed, either personally or through his counsel. In case of his absence, without suFcient 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 7xed 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 7xed 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
5 court absence of the applicant is deliberate or without suFcient 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. 8.
OFce is directed to send a certi7ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. -
Sd/-
(Ramesh Sinha)
Chief Justice Abhishek