1 2025:CGHC:53145 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7643 of 2025 Rakesh Kumar Jangde S/o Domar Singh Jangde Aged About 35 Years R/o Baktara, Near Gurunanak Petrol Pump, Mandir Hasoud, Raipur, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Rudri, District Dhamtari Chhattisgarh ... Respondent For Applicant : Shri Prabhat Kumar Saxena, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/10/2025 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.77/2024 (As per FIR) registered at Police Station Rudri, District Dhamtari (C.G.) for the offence punishable under Sections 318(4), 3(5), 61 (2) of BNS. 2. Case of the prosecution, in brief, is that the complainant Smt. Sarla GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.03 10:48:08 +0530 2 Netam reported to the Police Station Rudri District Dhamtari that Sarita Kariyam, Chandrahas Kariyam (both R/O village Naragaon, District Balod) along with Kholbahara Nishad of Village Katnai, District Janjgir- Champa, by luring rural women with the promise of commission to make large investments, got groups formed, made them take easy loans (as members of group) from various banks one by one, kept all the money with themselves and did not repay the installments as committed initially and defrauded the complainant and her Women Group members of a total cash amount of Rs.26,59,000/-, A Crime No. 77/2024 under Sections 318 (4), 3 (5) of the BNS was registered against the aforesaid accused persons and the matter was taken into investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant has no connection with the alleged offence and has been named only on the basis of the memorandum statement of a co-accused and the applicant’s name does not appear in the FIR. It is further submitted that no recovery has been made from the applicant, and there is no documentary evidence to show that he had taken or misused any loan amount in the name of a women’s group. It is further submitted that the main accused is one Kholbahara Nishad, and the applicant has been implicated merely on suspicion. He would submit that charge sheet has been filed, the applicant is in jail since 4/06/2025 in this case 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 3 case. He would further submit that in compliance of the Court’s order dated 25/09/2025, the Superintendent of Police has filed his personal affidavit. 5. I have heard learned counsel for the parties and perused the case diary. 6. In compliance of the Court’s order dated 25/09/2025, Shri Suraj Singh Parihar, Superintendent of Police, Dhamtari, District Dhamtari, has filed his personal affidavit which reads as under:- “xxx xxx xxx 3.That, there are four previous similar nature criminal antecedents of the present accused Applicant Rakesh Kumar Jangde vide Crime No. 46/2025 under Section 420 of the IPC registered at Police Station Arjunda, District Balod, Crime No. 612/2024 under Section 318 (4), 61 (2), 3 (5) of BNS registered at Police Station Balod, District Balod; Crime No. 224/2024 under Section 420, 409, 120-B, 34 of IPC registered at Police Station Gurur, District Balod; Crime No. 117/2024 under Sections 420, 120-8 and 34 of the IPC, registered at Police Station Doundi, District Balod. Copy of the letter, issued by the SHO, PS Rudri, District Dhamtari (C.G.) regarding previous criminal antecedents of similar nature of the present accused applicant, is being annexed herewith as ANNEXURE R/1 for kind perusal of this Hon'ble Court. 4. That, the brief details of the case are that, the complainant Smt. Sarla Netam reported to the Police Station Rudri district Dhamtari that Sarita Kariyam, Chandrahas Kariyam (both R/O village Naragaon, District Balod) along with Kholbahara Nishad of Village Katnai, District Janjgir-Champa, by luring rural women with the promise of commission to make large investments, got groups formed, made them take easy loans (as members of 4 group) from various banks one by one, kept all the money with themselves and did not repay the installments as committed initially and defrauded the complainant and her Women Group members of a total cash amount of Rs. 26,59,000/-. A Crime No. 77/2024 under Sections 318 (4), 3 (5) of the BNS was registered against the aforesaid accused persons and the matter was taken into investigation. 5.That, the accused in the case namely Kholbahara Nishad. Chandrahas Kariyam, Sarita Kariyam were arrested on 06.02.2025. Other accused Devanand Sonwani, Rakesh Kumar Jangde (present accused applicant). Rekhram Kunjam @ Lekhram were arrested on 04.06.2025, while the accussed Birendra Dahariya was arrested on 22.07.2025 following due process and they were sent on remand. On completion of the investigation in the case, the Charge Sheet No. 08/2025 dated 01.04.2025 and the supplementary Challan No. 08A/2025 dated 29.07.2025 were prepared and presented in the Learned Court vide Criminal Case No. 879/2025 dt. 03.04.2025 and dt. 30.07.2025 respectively. 6.That, during investigation of the case, it was found that, applications were received from the women of Village Boridkhurd, Bendra Navagaon, Bhendra, Kasawahi of Dhamtari District against the accused of the case for fraud by taking loans from various banks by paying 10 percent commission and keeping the loan amount with themselves after promising to pay back the loan installments themselves, which were attached to the said case and taken into investigation proceedings. In this case, the women of village Maradev, PS Rudri, Dist Dhamtari formed a group and told that the complainant Sarla Netam, Kalandri Vishwakarma, Ranjita Dhruv, Omin Bai, Bhagwati Netam, Pemin, Radhika, Shivbati Kuldeep, Satrupa Dhruv, Bitavan Yadav had given Rs. 4.71 Lacs, Rs. 4.01 Lacs, Rs. 3.96 Lacs, Rs. 4.66 Lacs, Rs. 3.10 Lacs, Rs. 2.10 Lacs, Rs. 95000, Rs. 1.60 Lacs, Rs. 1.10 Lacs and Rs. 40000 respectively from 5 various banks to give a total of Rs. 26.59 Lacs to the accused persons. On which, the written applications of the women and the loan documents of the banks were seized and attached to the case. Separate statements were recorded from each woman in which, they described that Sarita Kariyam, Chandrahas Kariyam and Kholbahara Nishad made them hold meetings to form groups, obtain loans and then hand the loans over to the accused persons. Loan statements. taken by the women from Santin Finance Bank, Arohan Financial Service Limited, IDFC Bank, Equitas Bank, ISAF Small Finance Bank, Naphthine/Nabard Finance Limited, Uniti Small Finance, Gram Shakti Finance Limited, Aviral Financial Private Limited, Jana Small Financial Private Limited, Ashirvad Finance Private Limited, Axis Bank, HDFC Bank, Annapurna Microfinance Company, Kotak Mahindra BSS Microfinance Company, and Regional Rural Micro Finance Limited were obtained and attached to the case. 7.That, the memorandum statement of the accused Kholbahara Nishad was recorded under Crime No.224/2024 under Section 420, 409, 120-B, 34 of IPC registered at Police Station Gurur, District Balod wherein, he has categorically disclosed the involvement of the present accused applicant Rakesh Kumar Jangde in the crime. 8. That, the memorandum statement of the present accused applicant was recorded under crime no. 117/2024 u/s 420,120b, 34 of the IPC registered at PS Doundi, dist. Balod wherein, he has categorically deposed the fact that, he, Birendra Dahariya and Devanand Sonwani together formed the company RDB FX (Real Dream of Business, Forex Trading) with office at Kamal Vihar, Raipur from where, they operated digital trading. They had become acquainted with Kholbahara Kaivartya (aka Kholbahara Nishad) through Birendra Dahariya through whom Kholbahara Kaivartya had previously invested Rs. 2 Crores in Platina Coin. At that time, Birendra Dahariya. Devanand Sonwani and Rakesh 6 Kumar Jangde were trading from the Kamal Vihar Office. When the Platina Coin Company collapsed, the price of Rs. 2 Crores worth of Platina Coins plummeted to zero, resulting in a significant loss The three of them then formed a company called RDB FX using the first letters of their names. They promised Kholbahara Kaivartya that their company would compensate him for his losses. Then, they started trading with Rs. 88 Lacs which Kholbahara had given them. They also guaranteed to return the entire amount in case of any loss. They also accepted that they all knew that Kholbahara Kaivartya was defrauding women's groups by taking loan money from them and investing that money in their company. Due to losses in trading, they said accused Kholbahara Kaivartya lost Rs. 88 Lacs out of which Rs. 8 Lacs has been returned to him. Rakesh further acknowledged that they invested this amount in trading which was completely lost due to losses. Consequently, the accused Kholbahara was unable to return the money/installments. The said accused Kholbahara invested Rs. 2.88 Crores in Platina Coin and their RBD Company, which was lost due to the stock market crash. He told that he doesn't have any of the money given to him, nor has he acquired any assets. Out of Rs. 88 Lacs, Birendra Dahariya had a few hundred thousand rupees. He confessed that the trading information was loaded on his mobile phone. Also, his bank account was with Bank of Baroda, his mobile phone was with him and his bank passbook was kept at home as per his memorandum. The Doundi Police Station of Balod District seized the passbook of the account holder Rakesh Kumar Jangde with account number 86840100005611 of Bank of Baroda, Godhi Branch Raipur. A black mobile phone of Vivo company (mobile по. 8236005887) from the accused Rakesh was also seized on his memorandum. On this basis, the memorandum, seizure and arrest of the accused Rakesh Kumar Jangde were included in Crime No. 77/2024 of Rudri Police Station and the accused was formally arrested on 04.06.2025 after obtaining permission from the concerned Court. 7 9. That, the present accused Applicant has been arrested by the police of Dhamtari in connection with Crime No.77/2024, registered at Police Station Rudri, Dhamtari, District Dhamtari (C.G.) against the accused Applicant for the offence punishable under aforesaid Sections of the Bhartiya Nyay Sanhita, 2023. 10. That, the Deponent herein is duty bound to adhere and comply with the direction issued by this Hon'ble Court from time to time and it shall be his most sincere endeavour to ensure implement action with the coordination of the Police Officials as early as possible. 11.That, the Deponent has highest regards to the orders & directions passed by the Hon'ble Court from time to time and as & when, any further direction be made by Hon'ble Court, the same will be complied with in its true spirit. 12. That, the contents of the attached Affidavit at Paragraphs No. 01 to 11, have been drafted under my instruction and the contents thereof are true and correct on the basis of the records, available in the office.” 7. From perusal of the affidavit filed by the Superintendent of Police goes to show that the applicant Rakesh Kumar Jangde along with co-accused persons, allegedly defrauded women’s self-help groups by inducing them to take bank loans on the promise of commission and investment returns and collected about Rs.26.59 lakhs and misappropriated the amount without repayment. Investigation revealed that the applicant and other co-accused, through their firm RDB FX (Real Dream of Business Forex Trading), invested the fraudulently obtained money in trading activities, causing losses and the applicant has four criminal antecedents of similar nature. Considering the nature of allegation levelled against the applicant, further the fact that the 8 applicant is involved in a serious financial fraud involving women’s groups and misappropriation of bank loans amounting to Rs.26.59 lakhs and further considering the fact that the applicant has four previous criminal antecedents of similar nature, hence, this Court does not find it to be a fit case to release the applicant on regular bail. 8. Accordingly, the bail application of applicant Rakesh Kumar Jangde, involved in Crime No.77/2024 (As per FIR) registered at Police Station Rudri, District Dhamtari (C.G.) for the offence punishable under Sections 318(4), 3(5), 61 (2) of BNS, is rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri