1 2025:CGHC:53673 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1589 of 2025 Virendra Singh Tomar S/o Late Omprakash Singh Tomar Aged About 44 Years R/o Sai Villa Colony, Bhatagaon, Police Station Purani Basti, Raipur, District : Raipur, Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Purani Basti, Raipur, District : Raipur, Chhattisgarh ...Non-applicant For Applicant : Mr. S.C. Verma Senior Advocate with Mr. Sajal Kumar Gupta Advocate. For Non-applicant/State : Dr. Saurabh Pande, Dy. Adv. General and Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.11.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 229/2025, registered at Police Station Purani Basti, District - Raipur (C.G.) for the offence punishable under Section 25 of the Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.06 19:32:25 +0530 2 2. The prosecution case, in brief, is that in connection with Crime No. 332/2025 registered at Police Station Telibandha, Raipur, the police had conducted a raid at the residence of absconding accused Rohit Singh Tomar for offences under Sections 296, 115(2), 351(2), and 3(5) of the BNS, 2023, and thereafter, during investigation, another offence came to light, leading to registration of Crime No. 264/2025 at Police Station Purani Basti, District Raipur, for offences under Sections 384, 506, 34 of the BNS and Section 4 of the Chhattisgarh Protection of Debtors Act, 1937. Upon alleged non-cooperation from the family members of the accused, a search warrant was obtained, and during the search conducted on 03.06.2025, various incriminating materials such as property documents, signed blank cheques, and stamp papers were seized. The investigation revealed that accused Rohit Singh Tomar, along with Virendra and Divyansh Tomar, was running an illegal money-lending racket wherein the accused persons advanced loans at exorbitant interest rates, compelled borrowers to sign blank documents, and upon default, threatened them and forced transfer of their properties at undervalued rates. It was further found that the interest amounts were funneled through accounts of their associates and family members to conceal the illegal transactions. On the basis of the material collected and statements of victims, a fresh FIR was registered against the present applicant and other co-accused persons, namely Shubhra Singh Tomar, Banti Sahare, Jitendra Dewangan, 3 and Bhavna Tomar, for offences punishable under Sections 308(2), 111(1) of the BNS, 2023, and Section 4 of the Chhattisgarh Protection of Debtors Act, 1937, and the investigation is still in progress. 3. The applicant is innocent and has been falsely implicated in the present case. He further submits that the nephew of the applicant possesses a valid money-lending licence issued by the competent authority under Section 4 of the Chhattisgarh Protection of Debtors Act, 1937, a copy of which is annexed herewith. During the investigation of Crime No. 332/2025, no incriminating evidence has been found against the applicant, and his name has been included only to harass him and his family members. There is no material on record to show that the applicant conspired with any co-accused to commit the alleged offence, the arrest is based merely on suspicion. The applicant has been falsely implicated, and there is a high probability of his acquittal. The charge sheet has not yet been filed, and there is no likelihood of the applicant interfering with the ongoing investigation. It is further submitted that the police action is arbitrary, malicious, and politically motivated, aimed at satisfying the ego of highly placed ministers and senior police officials of the State of Chhattisgarh. The applicant’s family members have been subjected to extreme harassment and inhumane treatment by the police, and even the applicant’s wife was allegedly humiliated in custody. The conduct of the State authorities 4 reflects a gross misuse of power, as evident from the unlawful searches and seizure of family property documents in connection with a bailable offence under Crime No. 332/2025. Every due process of law has been violated, and false cases have been fabricated against the applicant and his family members., therefore, he prays for grant of anticipatory bail to the applicant. 4. Learned State Counsel opposes the bail application and submits that this Hon’ble Court, vide its order dated 15/10/2025, directed the Superintendent of Police, Raipur, to file a personal affidavit disclosing the evidence collected during the course of investigation against all the applicants, along with a chart depicting their previous criminal antecedents, on or before 29/10/2025. It is submitted that during the investigation, arms and ammunition were recovered from the house of the present applicant, Virendra Singh Tomar, situated within the jurisdiction of Police Station Purani Basti, Raipur, and accordingly, a cognizable offence was registered against him and other co-accused persons vide Crime No. 229/2025 for the offence punishable under Section 25 of the Arms Act. After registration of the FIR, the Investigating Officer recorded the statements of Chandrashekhar Soni and Manohar Varyani @ Mannu under Section 180 of the BNSS, 2023, conducted a search, prepared a seizure panchnama, and sent the seized arms and ammunition for examination to the Armourer, Reserve Center, Police Line, Raipur. It is further submitted that the applicant is absconding, 5 and the investigation is still in progress. During inquiry, information was also sought from the District Magistrate, Raipur, regarding the arms licence of the applicant. The office of the District Magistrate informed, through the Additional District Magistrate, that the arms licences issued in favour of the applicant and his brother Rohit Tomar had been cancelled in 2013 due to their involvement in criminal activities. 5. He further submits that applicant Virendra Singh Tomar has 12 criminal antecedents, the particulars of which are mentioned as under:- S. N o. Crime / FIR No. & Year Police Station Sections Invoked Status / Remarks 1 130/2006 Saraswati Nagar, Raipur Sections 307, 324, 147, 148, 149, 34 IPC and Sections 25, 27 of the Arms Act Charge-sheet filed; Criminal Case No. 3653/2006 registered before the competent Court. 2 111/2010 Gudiyari, Raipur Sections 294, 323, 506-B, 34 IPC Charge-sheet filed; Criminal Case No. 102/2010 registered before the competent Court. 3 189/2013 Tikrapara, Section 302 IPC Charge-sheet 6 S. N o. Crime / FIR No. & Year Police Station Sections Invoked Status / Remarks Raipur and Sections 25, 27 of the Arms Act filed; Criminal Case No. 543/2013 registered before the competent Court. 4 181/2016 Purani Basti, Raipur Sections 294, 323, 506, 34 IPC — 5 288/2017 Purani Basti, Raipur Sections 294, 506, 34 IPC — 6 134/2019 Devendra Nagar, Raipur Sections 384, 34 IPC — 7 178/2019 Purani Basti, Raipur Sections 420, 34 IPC — 8 215/2019 Kotwali, Raipur Sections 327, 384, 506-B, 34 IPC — 9 216/2019 Kotwali, Raipur Sections 384, 327, 294, 323, 506-B, 34 IPC — 10 124/2019 Kabir Nagar, Raipur Sections 384, 34 IPC — 11 229/2025 Purani Basti, Raipur Section 25 of the Arms Act — 12 230/2025 Purani Sections 308(2), — 7 S. N o. Crime / FIR No. & Year Police Station Sections Invoked Status / Remarks Basti, Raipur 111(1) of BNS and Section 4 of the Chhattisgarh Protection of Depositors’ Interest Act, 2005 6. Counsel for the State further submits that applicant is habitual offenders in light of the above facts, it is evident that prima facie a cognizable offence is made out against the present applicant and that sufficient material and evidence are available on record, therefore, the applicant is not entitled to the grant of anticipatory bail. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the facts and circumstances of the case, the material collected during the course of investigation, and the submissions made by the learned State Counsel, it is evident that a prima facie case is made out against the applicant, Virendra Singh Tomar. The record reveals that arms and ammunition were recovered from his house situated within the jurisdiction of Police Station Purani Basti, Raipur, leading to the registration of Crime No. 229/2025 for the offence punishable under Section 25 of the Arms Act. The investigation further discloses that the arms 8 licences issued in favour of the applicant and his brother, Rohit Tomar, were cancelled in the year 2013 by the District Magistrate, Raipur. The applicant has 12 criminal antecedents, as mentioned above, including five cases of a similar nature, indicating his continuous involvement in criminal activities. The applicant is also reported to be absconding, and the investigation is still in progress, with further examination and forensic verification of the seized weapons pending. Considering the serious nature of the allegations, the recovery of arms and ammunition, and the possibility of the applicant tampering with evidence or evading the due process of law, this Court is of the opinion that granting anticipatory bail to the applicant at this stage would not be appropriate. Therefore, I am not inclined to grant anticipatory bail to the applicant. 9. Accordingly, the bail application of the applicant – Virendra Singh Tomar , involved in Crime No. 229/2025, registered at Police Station Purani Basti, District - Raipur (C.G.) for the offence punishable under Section 25 of the Arms Act, is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav