1 2025:CGHC:6136 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 170 of 2025 Yadram Sahu S/o Late Khushiyal Sahu Aged About 44 Years R/o Village Bhoring, P.S. Tumgaon, District Mahasamund, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Tumgaon, District Mahasamund, Chhattisgarh ... Non-applicant For Applicant : Ms. Renu Kochar, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Deputy Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 03/02/2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 191/2024 registered at Police Station – Tumgaon, District – Mahasamund (C.G.) for the offence punishable under Section 420/34 of IPC. 2. Prosecution case in brief is that the the complainant namely- Shivkumar Chelak has lodged a written report before the Tumgaon KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 police station, stating therein that the applicant- Yadram Sahu arranged loans of ₹10 lakhs from HDFC Bank, ₹10 lakhs from Yes Bank and ₹5 lakhs from Peshensh Bank. Yadaram (present applicant) allegedly lured Shivkumar into share trading, promising monthly payments for constructing a house through his nephew, Tukesh Sahu. Consequently, Shivkumar handed over ₹35 lakhs to Tukesh and Yadaram but they failed to do so and also the money has not refunded. Upon such act of the applicant along with co- accused, the aforesaid offence has been registered against them. 3. Learned counsel for the applicant submits that the applicant is innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the applicant has not received any money and he was just the mediator between the co- accused Tukesh and complainant. He further submits that the co- accused and the complainant had banking transactions and the complainant knowingly the pros and cons invested in stock market, the applicant has also informed the complainant about the fluctuation of market which is not in the hand of the consumer. The complainant if the case of prosecution is taken as it is there has been no ill intention or any intention to deceive the complainant as the money which was given to invest was invested through the present applicant. Initially when the stock market was rising, the certain profits after selling the share has been given by to the complainant, the present applicant has not cheated anybody and he himself has been the victim of fluctuating of market and also considering the fact that the co-accused namely Tukesh Kumar 3 Sahu has already been granted bail by this Court being MCRC No. 845/2025, vide order dated 30.01.2025 and the case of the applicant is similar to that case of co-accused. Accordingly, he prays for grant of anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail to the applicant and submits that the applicant has no previous criminal antecedent however, the present applicant is the main accused who lured the complainant to invest their money in share trading. Accordingly, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and further the fact that the co- accused namely Tukesh Kumar Sahu has already been granted bail by this Court being MCRC No. 845/2025, vide order dated 30.01.2025 and the case of the applicant is similar to that case of co-accused who has been granted regular bail and also the applicant has no criminal antecedent, thus, this Court is of the opinion that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Yadram Sahu on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following 4 conditions:- (a) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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 their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal