1 2025:CGHC:56602 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1832 of 2025 Hirdesh Tomar S/o Shri Munna Singh Aged About 27 Years (Not Mentioned In Order Sheet), R/o C-2/22, Windsar Hills, City Center Sirol, District- Gwalior (M.P.) At Presentl - R/o Gali No. 07, Budari, Police Station - Swaroop Nagar, North Delhi. ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- New Rajendra Nagar, Raipur District- Raipur (C.G.) ... Respondent For Applicant : Mr. Gurudev I.Sharan, Advocate. For Non-applicant/State : Mr. S.S. Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.11.2025 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.225/2025 registered at Police Station – New Rajendra Nagar, Raipur District - Raipur (C.G.) for the offences punishable under Sections 318(4) & 3(5) of the BNS. 2. The case of the prosecution, the Police Station New Rajendra Nagar, Raipur has registered an offence against the present applicant along VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.21 11:25:20 +0530 2 with co-accused Monali Baghmare and Prashant Kumar Sanodiya on the basis of a written complaint lodged by complainant Virendra Baghel. According to the FIR, the incident is stated to have taken place on 17.06.2025, whereas the FIR was lodged on 20.09.2025. It is alleged that the present applicant, being the Director of RIL (Resolve Improve Life) India Marketing Pvt. Ltd./Weiconic Pvt. Ltd., and the co- accused persons, being Managers of the said company, induced the complainant and his colleagues Ajay Kumar Dhruv and Akash Kumar Lohar to deposit a total amount of Rs.1,02,480/- for their appointment as Members/Salesmen/Agents in the company with an assurance of Rs.22,000 per month salary along with food and residence facility. The complainant, after seeing a vacancy advertisement on WhatsApp, visited the office on 17.06.2025, where the co-accused introduced the present applicant as Director and informed him that he must purchase company products and sell them to earn 10% commission in addition to the monthly salary. Believing their representation, the complainant paid Rs.44,880/- through online mode to an employee of the company, and his colleagues also deposited their respective amounts. However, when neither the promised facilities nor the salary was provided, and vague replies were given regarding the company’s registration and GST number, the complainant and his colleagues realised that they had been cheated. Based on these allegations, the present crime was registered against the applicant and other accused persons.. 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 he has never met or spoken with the complainant at any point of time and had merely authorized the co-accused persons to 3 look after the day-to-day business of the company. It is stated that the complainant, along with Ajay Kumar Dhruv and Akash Kumar Lohar, voluntarily joined RIL (Resolve Improve Life) India Marketing Pvt. Ltd. as independent business owners after fully understanding and executing the Direct Seller Contract/Agreement on stamp paper, thereby consenting to all terms and conditions, including the purchase and sale of company products for 10% commission without any entitlement to salary, residence, or food facility. The complainant and others received the products against the amount deposited, invoices containing the company’s GST number were issued to them, and identity cards were also generated through the Weiconic App, whereas Akash Kumar Lohar has not paid any amount at all. The applicant further submits that RIL is a duly registered company under the Companies Act and that any dispute arising out of the direct selling business is purely civil in nature. He has fully cooperated with the investigation, has complied with the notice issued under the Arnesh Kumar guidelines, appeared before the Investigating Officer on 20.10.2025, and has not been arrested. It is therefore submitted that the applicant deserves to be granted anticipatory bail as there is no likelihood of his absconding, and he undertakes to abide by any conditions imposed by this Hon’ble Court. 4. On the other hand, learned State counsel opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the overall facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute, and the materials available on record, and further taking into account that the main accused persons, who were primarily responsible for the said offence, are already in jail, this Court, without further commenting on the merits of the case, finds it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Hirdesh Tomar, 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) he 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) 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