1 2025:CGHC:54247 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7146 of 2025 Manoj Kumar Bhagat S/o Late D.R. Bhagat, Aged About 39 Years R/o Ward No. 6, Pratappur Naka, Khaal Para, Ambikapur, Tahsil Ambikapur, District Sarguja, C.G. --- Applicant Versus State Of Chhattisgarh Through Sho Ps Kanker, District North Bastar Kanker, C.G. --- Non-applicant MCRC No. 8299 of 2025 Ragif Hussain @ Vashu S/o Afsar Hussain Aged About 21 Years Palace Road, Ward No. 6, Lakhanpur, Sarguja, Distt. Sarguja, Chhattisgarh. ---Applicant Versus State Of Chhattisgarh P.S. Kanker, Distt. North Bastar, Kanker Chhattisgarh. --- Non-applicant MCRC No. 8145 of 2025 Abhay Kumar Gupta Alias Abhaykant Gupta S/o Ajay Kant Gupta Aged About 31 Years R/o Ward No.3, Bajarpara, Police Station Lakhanpur, District : Surguja (Ambikapur), Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through The Station House Officer, Police Station Kanker, District : Kanker, Chhattisgarh --- Non-applicant MCRC No. 7146/2025 For Applicant : Mr. Ankur Diwan, Advocate along with Mr. Vikhyat Arora, Advocate 2 For Non-applicant : Mr. Soumya Rai, Panel Lawyer MCRC No. 8299/2025 For Applicant : Mr. Devershi Thakur, Advocate along with Ms. Pooja Loniya, Advocate For Non-applicant : Mr. Soumya Rai, Panel Lawyer MCRC No. 8145/2025 For Applicant : Mr. Abhishek Chandra Gupta, Advocate For Non-applicant : Mr. Soumya Rai, Panel Lawyer S.B. : Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06/11/2025 1. The applicants have preferred this First Bail Applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as they have been arrested in connection with Crime No. 103/2025, registered at Police Station - Kanker, District - Kanker (C.G.) for the o.ence punishable under Sections 420, 120 (b), 34 of the IPC and Sections 6 & 10 of the Chhattisgarh (Protection of Depositors Interest) Act, 2005 (hereinafter for brevity referred to as the Act, 2005). 2. The prosecution story in brief is that, on 8/4/2025, complainant appeared at Police Station - Kanker and lodged a written complaint to the effect that people associated with RV Company, Ambikapur and Spash Advisors Private Limited Raipur, who are called connectors, identify people in their vicinity who need a loan, but do not get any loan on salary basis or who already have a loan, and assure them of getting a loan. The said company has a setup with banks and finance companies like HDFC, ICICI, Bandhan, Axis, IDFC, Yes, Kotak etc. Connectors motivate people that you will not get much loan on the basis of your salary, but considering their company, they’ll give you a loan and the company will take 50% of the loan amount as commission. Also, the company will pay their installments for 5-6 years. Connectors takke necessary documents of people like PAN, Aadhar card, salary slip, bank statement etc. Loans were passed by the company by taking personal loans from many banks. Money transactions were done from the accounts of Manoj Pradhan, Surendra Singh Kariham of RV Company 3 Ambikapur, Abhay Kumar Gupta and Ragiv Hussain of RV Company Raipur. The company sanctioned a loan of Rs 22,98,388/- in the name of Manoj Sinha and defrauded Rs 13,75,000/-. Similarly, Gayatri, Lachhani Nishad, Sangita Mandavi Tamesh kumar by getting loans sanctioned for people like Jai Kumar Nayak, Tamesh Kumar, Bhagirathi Gawade, Balran Jurri, Mahesh Kumar Kavade, Sapna Netam, Draupati Bhaskar, Suruj Lal Karga, Kamini Netam, Rajkumar Kaushal, Rameshwar Shori, Sanjay Kumar Potavi, Dheeraj Ram Jain, Lalit Kumar Sonwani, Rakesh Kumar, Rainu Ram Netam, Punya Pratap Jurri etc., a fraud of about Rs. 3,72,50,327/- has been committed. Based on the said report, the police authorities registered a First Information Report against the accused/applicants. During investigation, crime for the offences punishable under Sections 6,10 of the Act, 2005 were also added. 3. Learned counsel for the respective applicants jointly submit that the present applicants are innocent person and has been falsely been implicated in the aforesaid case. They contended that the present FIR has been registered against the 04 accused persons who are partners and directors of the company and the name of the accused has not been mentioned in the F.I.R. They further submit that no money transaction has been made from the possession of the co-accused persons and the applicants have been impleaded in the present case only on the basis of the memorandum statement of the co-accused persons. They submit that the other co- accused persons have been enlarged on bail in MCRC No. 6159/2025 vide order dated 05.08.2025 and in MCRC No. 6293/2025 and MCRC No. 6297/2025 vide order dated 08.08.2025, submits and therefore, the present applicants may be granted bail on the basis of parity. 4. They further contended that for some months the loan has already been paid by the present applicants and the transactions were made on the bank 4 accounts of RV Group and in the account of Manoj Pradhan & Surendra Singh. Thus, there is no involement of the present applicants and no seizure has been made from their possession. They also contended that the loans were sanctioned only with the permission of the senior officials of the bank i.e. the co-accused and thus, the present applicants have no role to play in commission of the offence. So far as the criminal antecedent of the applicants are concerned, they submit that the applicant i.e. Abhay Kumar Gupta (Crime No. 50/2025, P.S. Kotwali, District – Raipur & Crime No. 348/2025, P.S. Ambikapur Rural (Gandhinagar), District – Surguja) is registered against the applicant. They are in jail since 11/12.04.2025, conclusion of the trial may take some time. Therefore, they pray for grant of regular bail to the present applicants. 5. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. However, he submits that on similar allegations, already an FIR has been lodged before P.S. City Kotwali, Raipur against the present applicants. He further submits that there specific allegations leveled against the applicant for commission of the aforesaid offences and considering the seriousness of the offences, the risk of tampering with evidence, and the prima facie material collected, it is submitted that the bail application deserves to be dismissed. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants, submission of counsel for respective parties and the fact that other co-accused persons have been enlarged on bail in MCRC No. 6159/2025 vide order dated 05.08.2025 and in MCRC No. 6293/2025 and MCRC No. 6297/2025 vide order dated 08.08.2025 and the fact that the applicants are low paid employees of Spash Advisor Pvt. Ltd. and are neither Director or Partner of the R.V. Group or 5 Spash Advisor Pvt. Ltd. in which, the complainants or other persons have invested oney, further, on similar allegation, already an FIR has been lodged before P.S. City Kotwali, Raipur against the present applicants, charge-sheet has already been filed and the applicants are in jail since 11/12.04.2025, conclusion of trial is likely to take some time and except the applicant Abhay Kumar Gupta, they have no previous criminal antecedents registered against them, hence for all these reasons, this Court is of the view that the applicants are liable to be enlarged on bail. 8. Accordingly, applicants- Manoj Kumar Bhagat, Ragif Hussain @ Vashu and Abhay Kumar Gupta Alias Abhaykant Gupta involved in Crime No. 103/2025, registered at Police Station - Kanker, District - Kanker (C.G.) for the o.ence punishable under Sections 420, 120 (b), 34 of the IPC and Sections 6 & 10 of the Chhattisgarh (Protection of Depositors Interest) Act, 2005, be released on bail upon each of them furnishing a personal bond with two sureties (each) in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall 4le an undertaking to the e.ect that they shall not seek any adjournment on the dates 4xed 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 4xed, either personally or through their counsel. In case of his absence, without su7cient 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 Bharatiya Nyaya Sanhita is issued and the applicants fail to appear before the court on the date 4xed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. 6 (iv) The applicants shall remain present, in person, before the trial court on the dates 4xed 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 su7cient 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. 9. O7ce is directed to send a certi4ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY