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2025 DAILYLAW 56524 (CHH)

CHANDAN DAS v. STATE OF CHHATTISGARH

MCRCA/1871/2025 · 2025-12-01

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Judgment text

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1 2025:CGHC:58436 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1871 of 2025 Chandan Das S/o Bata Krishna Das Aged About 32 Years R/o Ward No. 48, Malideepa Boirdadar, P.S Chakradharnagar, Tahsil And District Raigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station Chakradharnagar, District Raigarh (C.G.) ... Respondent For Applicant : Mr. C.R. Sahu, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.12.2025 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. 337/2025 registered at Police Station – Chakradharnagar District - Raigarh (C.G.) for the offences punishable under Sections 318(4) of the Bhartiya Nyaya Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.03 12:05:23 +0530 2 2. The prosecution story in brief is that the complainant lodged a written report to the concerned police station alleging that he had invested an amount of Rs.12,61,675/- in Unity Meta Company on the assurance given by the applicant that he would receive 15% monthly interest on the invested amount. It is alleged that despite such promise, the company returned only Rs.3,566/- to the complainant and failed to return the remaining principal amount of Rs.9,61,109/-. Based on the complaint, the police registered an FIR against the accused persons, including the applicant, for the offence under Section 318(4) of the Bharatiya Nyay Sanhita and initiated investigation. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that applicant has neither obtained any amount from the complainant nor induced him to invest in the said company, and he has not committed any fraud or cheating with the complainant or any other person. It is submitted that the applicant has not received any part of the alleged amount nor derived any benefit therefrom, and his implication is solely based on mere suspicion without any substantive evidence. There is no material on record to establish the ingredients of the offence punishable under Section 318(4) of the Bharatiya Nyay Sanhita against the applicant, nor does the prosecution story disclose any prima facie case. The complainant has lodged a false and fabricated complaint without any proof, resulting in the applicant being unnecessarily arrayed as an accused. The Hon’ble Supreme Court has already granted anticipatory bail to co-accused Gajula Mohan, and on the ground of parity, the present applicant is also entitled to similar 3 relief, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, as well as the nature of allegations levelled against the applicant, it is observed that the earlier anticipatory bail application preferred by the co-accused Gajula Mohan was rejected by this Court in MCRCA No. 1563 of 2025 vide order dated 10.10.2025. However, it is further noted that the Hon’ble Supreme Court, in SLP No. 17959 of 2025, has been pleased to grant anticipatory bail to the co-accused Gajula Mohan vide order dated 17.11.2025. In view of the relief granted to the co-accused, the present applicant stands on an identical footing and, therefore, on the ground of parity, he is also entitled to the benefit of anticipatory bail. Accordingly, without expressing any opinion on the merits of the case, this Court finds it just and proper to extend the benefit of anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Chandan Das, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he shall not directly or indirectly make any inducement, threat or promise to any person 4 acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav