1 2025:CGHC:51523 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8252 of 2025 Sanjeet Agrawal S/o Kanhaiya Lal Agrawal Aged About 34 Years R/o Mishra Gali, Bhaiyathan Road, Surajpur, P.S. Tehsil And District- Surajpur Chhattisgarh. ... Applicant Versus State Of Chhattisgarh Station House Officer, Police Station Surajpur, District- Surajpur Chhattisgarh. ... Non-applicant For Applicant : Mr. Shakti Raj Sinha, Advocate For Non-applicant : Mr. Hariom Rai, Panel Lawyer SB : 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant has been arrested in connection with Crime No. 365/2025 registered at Police Station - Surajpur, District – Surajpur (C.G.), for the offence punishable under Section 420 of the Indian Penal Code, 1860 and under Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005. 2. The prosecution's case is that, the complainant/victim lodged a report before the Police Station Surajpur, alleging that the main accused namely Sanjeet Agarwal does stock market business and he has taken the amount of Rs. 21,00,000/- cash from the complainant on promise to give the double amount within 72 days on 12.04.2024 but after completing of the locking period, SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 accused Sanjeet Kumar did not return the amount to the complainant and after demanding the amount, accused Sanjeet Kumar given the cheque to the complainant which was dishonored, thereafter, complainant was regularly contacted to the accused for the said amount but the said amount did not return to the complainant and only allegation against the present applicant is that they have advised to the complainant to invest the amount in the share market as per F.I.R. On the basis of complaint, the Police lodged the report for the alleged offence against the present applicants and one other accused. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that the applicant runs Shubh Nivesh coaching centre where he trains students regarding stock market and investment and also conducts training for others on commission basis. It is the complainant who had himself invested the amount and therefore, there was no forceful instigation or demand made by the applicant to the complainant to invest in stock market. There is no material available against the applicant and the FIR has been registered on the basis of false allegations. He also submits that the applicant is in jail since 22.07.2025, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicant. 4. 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. She submits that there specific allegations leveled against the applicant that he made false promises to the complainant and other persons of investing amount in stock market and doubling their money in return, however, when he failed to do the same, the aforementioned offence was registered. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submission of counsel 3 for the respective parties and further charge-sheet has already been filed before the competent court, applicant is an old aged persons aged about 66 years, he is in jail since 22.07.2025, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Sanjeet Agrawal, involved in Crime No. 09/2025 registered at Police Station - Surajpur, District – Surajpur (C.G.), for the offence punishable under Section 420 of the Indian Penal Code, 1860 and under Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005 be released on bail on 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 file an undertaking to the effect that he 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his 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 fixed in such proclamation, then, the trial court shall initiate proceedings 4 against his, 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 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 applicant is deliberate or without sufficient 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. Office 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 Dey