1 2025:CGHC:53675 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1359 of 2025 1 - Virendra Singh Tomar S/o Late Omprakash Singh Tomar, Aged About 44 Years R/o - Sai Villa, Colony Bhatagaon, Police Station Purani Basti, Raipur, District - Raipur, Chhattisgarh 2 - Rohit Singh Tomar, S/o Late Omprakash Singh Tomar, Aged About 31 Years R/o - Sai Villa, Colony Bhatagaon, Police Station Purani Basti, Raipur, District - Raipur, Chhattisgarh 3 - Subra Singh Tomar, W/o Virendra Singh Tomar, Aged About 41 Years R/o - Sai Villa, Colony Bhatagaon, Police Station Purani Basti, Raipur, District - Raipur, Chhattisgarh 4 - Bhawna Singh Tomar, W/o Rohit Singh Tomar, Aged About 30 Years R/o - Sai Villa, Colony Bhatagaon, Police Station Purani Basti, Raipur, District - Raipur, Chhattisgarh 5 - Divyansh Singh Thakur S/o Anil Singh, Aged About 25 Years R/o Village - Korra Kanjas, District - Pratapgarh, U.P. ... Applicants versus State Of Chhattisgarh Through Station House Officer Police Station Purani Basti, Raipur, District Raipur, Chhattisgarh ... Non-applicant For Applicants : Mr. S.C. Verma Senior Advocate with Mr. Sajal Kumar Gupta, Advocate. For Non-applicant/State : Dr. Saurabh Pande, Dy. Adv. General and Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 03.11.2025 1. The applicants have preferred the first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.06 19:32:24 +0530 2 grant of Anticipatory Bail, apprehending their arrest in connection with Crime No.253/2025, registered at Police Station – Purani Basti, District – Raipur (C.G.) for the alleged commission of offence punishable under Sections 294, 506,384 r/w 34 of BNS and Section 4 of the C.G. Protection of Debtors, Act 1937. 2. The prosecution case, in brief, is that in connection with Crime No. 332/2025 registered at Police Station Telibandha, Raipur, the police had conducted a raid at the residence of absconding accused Rohit Singh Tomar for offences under Sections 296, 115(2), 351(2), and 3(5) of the BNS, 2023, and thereafter, during investigation, another offence came to light, leading to registration of Crime No. 264/2025 at Police Station Purani Basti, District Raipur, for offences under Sections 384, 506, 34 of the BNS and Section 4 of the Chhattisgarh Protection of Debtors Act, 1937. Upon alleged non-cooperation from the family members of the accused, a search warrant was obtained, and during the search conducted on 03.06.2025, various incriminating materials such as property documents, signed blank cheques, and stamp papers were seized. The investigation revealed that accused Rohit Singh Tomar, along with Virendra and Divyansh Tomar, was running an illegal money-lending racket wherein the accused persons advanced loans at exorbitant interest rates, compelled borrowers to sign blank documents, and upon default, threatened them and forced transfer of their properties at undervalued rates. It was further found that the interest amounts were funneled through accounts of their associates and family members to conceal the illegal transactions. On the basis of the material collected and statements of victims, a fresh 3 FIR was registered against the present applicant and other co- accused persons, namely Shubhra Singh Tomar, Banti Sahare, Jitendra Dewangan, and Bhavna Tomar, for offences punishable under Sections 308(2), 111(1) of the BNS, 2023, and Section 4 of the Chhattisgarh Protection of Debtors Act, 1937, and the investigation is still in progress. 3. Learned counsel for the applicants submits that the applicant are innocent and have been falsely implicated in the instant case. He further submits that there are no incriminating circumstances against them, and they have been falsely implicated in the present case merely to harass them and their family members. During the investigation of Crime No. 332/2025, no concrete evidence was found against the applicants, and their arrest is based only on suspicion. The charge-sheet has not yet been filed, and there is no possibility of the applicants interfering in the investigation. The applicants further submit that the police have initiated frivolous and baseless proceedings to satisfy the vested interests of certain officials and political persons, and in doing so, have violated due process of law. Considering the peculiar facts and circumstances of the case, the applicants pray that the investigation be conducted fairly and independently under the supervision of this Hon’ble Court, therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicants and submits that after recovery of incriminating articles, efforts were made to trace the applicants, however, despite best efforts, they could not be found, and 4 the investigation is still in progress. He further submits that the bail application and submits that the applicant, along with other co- accused persons, is involved in running an organized illegal money- lending racket. During the raid, incriminating materials such as property documents and signed blank cheques were seized, indicating the applicant’s active role. It is further submitted that the accused exploited borrowers by charging exorbitant rates of interest and coercing them to transfer their properties. He further submits that applicant No. 1 Virendra Singh Tomar has 12 criminal antecedents, the particulars of which are mentioned as under. S. No . Crime / FIR No. & Year Police Station Sections Invoked Status / Remarks 1. 130/2006 Saraswati Nagar, Raipur Sections 307, 324, 147, 148, 149, 34 of IPC and Sections 25, 27 of the Arms Act Charge-sheet filed; Criminal Case No. 3653/2006 registered before the competent Court. 2. 111/2010 Gudiyari, Raipur Sections 294, 323, 506-B, 34 of IPC Charge-sheet filed; Criminal Case No. 102/2010 registered before the competent Court. 3. 189/2013 Tikrapara , Raipur Section 302 of IPC and Sections 25, 27 of the Arms Act Charge-sheet filed; Criminal Case No. 543/2013 registered before the competent Court. 4. 181/2016 Purani Basti, Raipur Sections 294, 323, 506, 34 of IPC 5 S. No . Crime / FIR No. & Year Police Station Sections Invoked Status / Remarks 5. 288/2017 Purani Basti, Raipur Sections 294, 506, 34 of IPC 6. 134/2019 Devendra Nagar, Raipur Sections 384, 34 of IPC 7. 178/2019 Purani Basti, Raipur Sections 420, 34 of IPC 8. 215/2019 Kotwali, Raipur Sections 327, 384, 506-B, 34 of IPC 9. 216/2019 Kotwali, Raipur Sections 384, 327, 294, 323, 506-B, 34 of IPC 10. 124/2019 Kabir Nagar, Raipur Sections 384, 34 of IPC 11. 229/2025 Purani Basti, Raipur Section 25 of the Arms Act 12. 230/2025 Purani Basti, Raipur Sections 308(2), 111(1) of BNS and Section 4 of the Chhattisgarh Protection of Depositors’ Interest Act 5. He further submits that applicant No. 2 Rohit Singh Tomar has 16 criminal antecedents, the particulars of which are mentioned as under. 6 S. N o. Crime No. / Year Police Station Sections Invoked Current Status / Remarks 1 189/2015 Kotwali, Raipur Sections 376, 294, 506, 377 IPC Charge-sheet filed vide Challan No. 194/15 dated 23.08.2015; Criminal Case No. 14318/2015 registered 2 302/2016 Kotwali, Raipur Sections 323, 506, 34 IPC Charge-sheet filed vide Challan No. 266/16 dated 17.12.2016; Criminal Case No. 23613/2016 registered. 3 288/2017 Purani Basti, Raipur Sections 294, 506, 34 IPC — 4 56/2018 Rajendra Nagar, Raipur Sections 294, 323, 506, 34 IPC Charge-sheet filed (details mentioned above in chart). 5 121/2018 Purani Basti, Raipur Sections 386, 507 IPC Charge-sheet filed vide Challan No. 75/18 dated 27.05.2018; Criminal Case No. 3044/2018 registered. 6 215/2019 Kotwali, Raipur Sections 327, 384, 506-B, 34 IPC Charge-sheet filed vide Challan No. 178/19 dated 14.06.2019; Criminal Case No. 5967/2019 registered. 7 216/2019 Kotwali, Raipur Sections 384, 327, 323, 294, 506-B, 34 IPC Charge-sheet filed vide Challan No. 181/19 dated 19.06.2019; Criminal Case No. 6115/2019 registered. 8 124/2019 Kabir Nagar, Raipur Sections 384, 34 IPC Charge-sheet filed vide Challan No. 194/15 dated 23.08.2015; (also referred above). 9 134/2019 Devendr a Nagar, Sections 384, 34 IPC Charge-sheet filed vide Challan No. 155/19 dated 7 S. N o. Crime No. / Year Police Station Sections Invoked Current Status / Remarks Raipur 30.11.2019; Criminal Case No. 12808/2019 registered. (Earlier Case No. 14318/2015 also registered.) 10 154/2023 Purani Basti, Raipur Sections 294, 323, 506 IPC — 11 93/2024 Teliband ha, Raipur Sections 427, 307, 34 IPC Charge-sheet filed vide Challan No. 144/24 dated 31.03.2024; Criminal Case No. 6832/2024 registered. 12 332/2025 Teliband ha, Raipur Sections 296, 115(2), 351(2) BNS — 13 230/2025 Purani Basti, Raipur Sections 308(2), 111(1) BNS and Section 4 of the Chhattisgarh Protection of Debtors Act, 1937 — 14 231/2025 Purani Basti, Raipur Sections 308(2), 111(1) BNS and Section 4 of the Chhattisgarh Protection of Debtors Act, 1937 — 15 253/2025 Purani Basti, Raipur Sections 294, 506, 34 IPC — 16 264/2025 Purani Basti, Raipur Sections 384, 506, 34 IPC and Section 4 of the — 8 S. N o. Crime No. / Year Police Station Sections Invoked Current Status / Remarks Chhattisgarh Protection of Debtors Act, 1937 6. Counsel for the State further submits that applicant Nos. 1 and 2 are habitual offenders and that during the course of investigation, it was revealed through the District Magistrate, Raipur, that the arms licences issued to applicant No. 1, Virendra Singh Tomar, and applicant No. 2/co- accused Rohit Tomar were cancelled in the year 2013 due to their involvement in criminal activities. Hence, there exists prima facie materials against the applicant Nos. 1 & 2, and since the matter is still under investigation, they are not entitled for grant of anticipatory bail. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, further applicant No. 3 & 4 who was the wives of applicant No.1 & 2, were not aware about the crime in question further they have no criminal antecedents, and with regard to applicant No. 5 Divyansh Singh has already been granted regular bail by this Hon’ble Court in MCRC No.6198/2025 vide order dated 19.09.2025, without expressing any opinion on the merits of the case, I am inclined to grant anticipatory bail to the applicant Nos. 3, 4 & 5. 9 9. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.3 – Subra Singh Tomar, Applicant No.4, Bhawna Singh Tomar & Applicant No. 5 Divyansh Singh Thakur, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they 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) they shall not involve themself in any offence of similar nature in future. 10. So far as the bail applications filed by applicant No. 1, Virendra Singh Tomar, and applicant No. 2, Rohit Singh Tomar, are concerned, upon perusal of the case diary, it appears that the applicants, along with other co-accused persons, were involved in running an organized illegal money-lending racket. During the course of investigation in connection with Crime No. 332/2025 and Crime No. 264/2025, incriminating materials such as property documents, signed blank cheques, and stamp papers were seized from the possession of the accused persons, which prima facie indicate their active involvement in the alleged illegal 10 activities. The investigation further reveals that the accused were advancing loans at exorbitant rates of interest, compelling borrowers to sign blank documents, and thereafter coercing them to transfer their properties at undervalued rates. It has also come on record that applicant No. 1, Virendra Singh Tomar, has 12 criminal antecedents, and applicant No. 2, Rohit Singh Tomar, has 16 criminal antecedents, as mentioned above, including five cases of similar nature registered against them, moreover, the arms licences issued to both applicants were cancelled by the District Magistrate, Raipur, in the year 2013 on account of their involvement in criminal activities. Considering the gravity of the offence, the nature of the allegations, and the fact that the investigation is still in progress, this Court does not find it proper to grant the benefit of anticipatory bail to applicant Nos. 1 and 2. 11. Accordingly, the bail application filed on behalf of Applicant No.1 Virendra Singh Tomar and applicant No.2, Rohit Singh Tomar are, rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav