Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:53672
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1231 of 2025 Rohit Singh Tomar S/o Omprakash Singh Tomar Aged About 31 Years R/o A/01, Sai Villa, Bhatagaon , Police Station Purani Basti Raipur District- Raipur Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Purani Basti Raipur District- Raipur Chhattisgarh ...Non-applicant For Applicant : 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
Mr. Ramesh Sinha, Chief Justice
Order on Board 03.11.2025
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. 231/2025, registered at Police Station Purani Basti, District - Raipur (C.G.) for the offence punishable under Sections VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.06 19:32:25 +0530
2 under 111(2), 308(2) of BNS 2023 and Section 4 of the Chhattisgarh 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 FIR was registered
3 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. The applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant’s nephew holds a valid money-lender licence issued by the competent authority, hence the offence under Section 4 of the Chhattisgarh Protection of Debtors Act, 1937, is not attracted.
There are no incriminating circumstances or independent evidence against the applicant, and his implication is based merely on suspicion to harass him and his family members. The co-accused persons, namely Shubhra Singh Tomar, Banti Sahare, Jitendra Dewangan, and Bhavna Tomar, have already been granted bail by the learned Special Judge (CBI), Raipur. The charge sheet has not been filed yet, and there is no likelihood of the applicant interfering with the investigation. The applicant is a permanent resident having immovable assets, ready to cooperate with the investigation, and undertakes to abide by any conditions imposed by this Hon’ble Court, Therefore, he prays for grant of anticipatory bail to the applicant. 4. Learned State Counsel opposes the bail application and submits that on 01.06.2025, complainant Dashmeet Chawla lodged a
4 report at Police Station Telibandha alleging that near the gate of L.O.D. Restaurant, accused Rohit Singh Tomar and his associates assaulted and threatened him, leading to registration of Crime No. 332/2025 under relevant sections of the Bharatiya Nyaya Sanhita, 2023. During the search of the accused’s residence, swords, firearms, ammunition, blank cheques, signed stamp papers, large cash, and gold and silver ornaments were seized. Subsequent investigation revealed that Rohit Singh Tomar and his associate Virendra Singh Tomar were running an organized illegal money-lending and extortion racket by forcibly taking blank cheques and stamp papers from debtors, recovering exorbitant amounts, and compelling them to transfer properties at undervalued prices. Based on multiple complaints, several offences including Crime Nos. 230/2025, 231/2025, 253/2025, and 264/2025 were registered at Police Station Purani Basti under Sections 111(1), 308(2), 384, 506 of BNS and Section 4 of the Chhattisgarh Protection of Debtors Act, 1935. Despite issuance of search warrants, proclamation orders, and attachment proceedings, the accused remained absconding, leading to declaration of a cash reward for his arrest. It is further submitted that the applicant is a habitual offender, having been continuously involved in serious offences since 2015, including cases of rape, extortion, assault, Arms Act violations, and offences under the Protection of Debtors Act. 5
5.
He further submits that applicant Rohit Singh Tomar has 16 criminal antecedents, the particulars of which are mentioned as under:- 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 Rajendr a 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, Sections Charge-sheet filed vide
6 S. N o. Crime No. / Year Police Station Sections Invoked Current Status / Remarks Raipur 384, 327, 323, 294, 506-B, 34 IPC 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, Raipur Sections 384, 34 IPC Charge-sheet filed vide Challan No. 155/19 dated 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 —
7 S. N o. Crime No. / Year Police Station Sections Invoked Current Status / Remarks Chhattisgar h Protection of Debtors Act, 1937 14 231/2025 Purani Basti, Raipur Sections 308(2), 111(1) BNS and Section 4 of the Chhattisgar h 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 Chhattisgar h Protection of Debtors Act, 1937 —
6. Learned counsel for the State further submits that the applicant is habitual offenders due to his criminal activities, his name was included in the “Goonda List” by the Senior Superintendent of
8 Police, Raipur. Considering his criminal antecedents, absconding conduct, and the gravity of allegations, it is prayed that the applicant is not entitled to the benefit of anticipatory bail and the present application deserves to be rejected. 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 learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it is evident that the applicant, Rohit Singh Tomar, is involved in multiple serious offences, including extortion, assault, and illegal money- lending activities, as reflected in Crime Nos. 332/2025, 230/2025, 231/2025, 253/2025, and 264/2025 registered at Police Stations Telibandha and Purani Basti, Raipur. The investigation reveals that the applicant, along with co-accused persons, was engaged in running an organized money-lending racket by taking blank cheques and stamped papers from borrowers, charging exorbitant rates of interest, and coercing them to transfer their properties at undervalued rates. Several incriminating materials, including weapons, blank cheques, and property documents, have been seized from his possession. The record further discloses that the applicant has a long criminal history, with sixteen cases registered against him as mentioned above, including five cases of similar nature registered against him, and that his name has been included in the “Goonda List” by the
9 Senior Superintendent of Police, Raipur. Despite the issuance of warrants, proclamation orders, and attachment proceedings, the applicant continues to evade arrest, looking to the seriousness of the allegations against the present applicant, I am not inclined to grant anticipatory bail to the applicant
9. Accordingly, the bail application filed by the applicant, Rohit Singh Tomar, is hereby rejected.
10. Accordingly, the bail application of the applicant – Rohit Singh Tomar, involved in Crime No. 231/2025, registered at PoliceStation Purani Basti, District - Raipur (C.G.) for the offence punishable under Sections under 111(2), 308(2) of BNS 2023 and Section 4 of the Chhattisgarh Protection of Debtors Act, 1937, is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav