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2025 DAILYLAW 51626 (CHH)

NAGENDRA KUMAR v. STATE OF CHHATTISGARH

MCRC/8284/2025 · 2025-10-14

body2025

Judgment text

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1 2025:CGHC:51533 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8284 of 2025 Nagendra Kumar S/o Gujar Mahto Aged About 38 Years R/o Gali No. 06, Sakarpuri, Sirsi-2, Hazari Bagh, P.S. Ichak, District Hazari Bagh (Jharkhand) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Gudhiyari, District Raipur C.G. ... Respondent For Applicant : Shri Ankit Singh, Advocate. For Respondent/State : Shri S.S. Baghel, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.268/2025 registered at Police Station Gudiyari, District Raipur (C.G.) for the offence punishable under Sections 318(4),3(5) of BNS. 2. Case of the prosecution, in brief, is that a crime was registered at GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.16 14:39:39 +0530 2 Gudhiyari Police Station based on a written complaint from the Complainant that he saw an advertisement for "Bn Rathi Securities Company on Google Ads, which offered attractive returns on investment then he clicked on the advertisement and reached the company's website. The company added him to a WhatsApp group, where he received a link to BN Rathi Company. Company representatives called him from various numbers, encouraging him to invest, and he was defrauded of approximately Rs.2,65,900,00/- by transferring it various bank accounts from March 12, 2025 to April 30, 2025. On the written application of the Complainant, prima facie the crime under section 318(4), 3(5) BNS have been registered. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the complainant himself invested money in the concerned company on his own accord, and after incurring losses, has falsely lodged the present FIR against the applicant. He would submit that the applicant never induced or persuaded the complainant to invest money. He would submit that the name of the applicant does not find place in the FIR, and there is an unexplained delay of 19 days in lodging the same. He would submit that charge sheet has been filed, the applicant is in jail since 01/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case. He would further submit that bail application of the co-accused Sheikh Suraj Baba has been rejected by this Court vide MCRC No.7524 of 3 2025 and also bail application of co-accused namely Priyank Jitendra Kumar Brahmbhatt has been rejected by this Court vide MCRC No. 6856 of 2025 on 08/10/2025, therefore applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the nature of allegation levelled against the applicant that he was involved in online fraud and further considering the fact that bail application of the co-accused Sheikh Suraj Baba has been rejected by this Court vide MCRC No.7524 of 2025 and also bail application of co-accused namely Priyank Jitendra Kumar Brahmbhatt has been rejected by this Court vide MCRC No.6856 of 2025 on 08/10/2025, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Nagendra Kumar involved in Crime No.268/2025 registered at Police Station Gudiyari, District Raipur (C.G.) for the offence punishable under Sections 318(4),3(5) of BNS, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri