1 2026:CGHC:21016 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 563 of 2026 Yatindra Chandrakar Alias Yash Chandrakar S/o Shri Devsharan Chandrakar Aged About 45 Years R/o Ward No. 15, Motilal Nehru Ward, Dau Mill Gali, Jagdalpur, Thana - Bodhghat, District – Bastar, Chhattisgarh (Wrongly Mentioned As Yachindra In Order Copy) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Bodhghat, District – Bastar, Chhattisgarh ... Non-Applicant For Applicant : Mr. Raja Sharma, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Deputy Government Advocate. For Objector : Mr. Devesh G. Kela, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.05.2026 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. 101/2026 registered at Police Station – Bodhghat, District – Bastar (C.G.) for the offence punishable under Sections 318(4) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant, Gulshan Kumar Sahu, Deputy Managing Director of District Minor Forest Produce Union, Jagdalpur, lodged a complaint alleging that the present applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.05 18:31:32 +0530 2 introduced him to an investment scheme run by a company namely Erina Capital. It is alleged that, on the inducement of the applicant, the complainant invested a total sum of Rs.38,38,070/- through various bank accounts with the assurance of earning 4–5% monthly returns. The complainant received returns up to February 2025; however, thereafter, the said company allegedly defaulted in making further payments of the promised returns. On the basis of the said complaint, Crime No. 101/2026 has been registered against the applicant for the offence punishable under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita (BNS). 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the present applicant is himself a victim of the alleged investment fraud and has been falsely implicated in the present case. The applicant has invested a substantial amount of Rs.85,38,000/-, which is significantly higher than the amount allegedly invested by the complainant. Out of the said amount, the applicant invested Rs.56,38,000/- in October 2023, followed by further investments of Rs.11,50,000/- and Rs.17,50,000/- in the same scheme. The said investments are duly substantiated by the bank statements of the applicant’s ICICI Bank KCC Account (A/c No. 084151000190) as well as his HDFC Bank account, which conclusively establish that the applicant had invested his own money in the alleged fraudulent scheme, thereby demonstrating that he had no dishonest intention and was not a beneficiary of the alleged offence. It is further submitted that the applicant, upon realizing the fraudulent nature of the scheme, had himself approached the authorities and lodged complaints against the actual perpetrators. In a complaint dated 20.01.2026, the applicant along with other victims specifically 3 requested for an investigation into the fraud. Significantly, these complaints were filed much prior to the registration of the present FIR, which clearly establishes the bona fide conduct of the applicant as a victim seeking legal redressal, rather than as an accused involved in the commission of the alleged offence. Further, the applicant has no previous criminal antecedents. He also submits that other co-accused have been granted anticipatory bail by this Court passed in MCRCA No. 1979/2025 vide order dated 02.01.2026 in different crime number. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application. 5. Learned counsel for the objector vehemently opposes the bail application and submits that the objector/ complainant is working in Forest and Climate Change Department as Assistant Conservator of Forest and presently posted at Jagdalpur. In the year 2024 when the objector/ complainant was working as Range Forest officer (Ranger) Forest in Sukma, his colleague Sukhdas Nag introduced him with the applicant stating that he takes spoken English Classes in Jagdalpur and thereafter applicant used to visit Sukma to meet objector/ complainant. Thereafter applicant informed objector/complainant that he is partner of Arena Capital Company and he has 10,000/- USD Dollar (about Rs. 85,00,000/-) and he earns benefit to the tune of 4-5% per month. Applicant thereafter asked objector to invest the amount to earn the handsome benefit and also stated that Sukhdas Nag has also invested the money and he is also earning the handsome profit. He also submits that applicant stopped giving the amount of benefit after 06.03.2025 on the ground that audit of the company is going on and therefore the account has been put to hold and as soon as the account will become 4 operational, he will pay the amount. Thereafter objector/complainant made inquiry about the company and got information that applicant he has committed fraud on objector and he has received the amount from the Director of the company but not paying the amount to objector/complainant. Thereafter objector/complainant lodged report against the applicant on which present FIR was registered against him. Hence, the applicant is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the submissions advanced and the material available on record, it appears that the applicant has been falsely implicated and is himself a victim of the alleged investment fraud, having invested a substantial amount of Rs.85,38,000/-, which is duly supported by bank statements, the fact that the applicant lodged a complaint dated 20.01.2026, prior to the registration of the present FIR, reflects his bona fide conduct and negates any prima-facie dishonest intention, taking into account that the applicant has no criminal antecedents and that similarly placed co-accused have already been granted anticipatory bail, this Court is of the view that the applicant has made out a fit case for grant of anticipatory bail. 8. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Yatindra Chandrakar Alias Yash Chandrakar on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following 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 5 dissuade his 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 involved himself in any offence of similar nature in future. Sd/-- (Ramesh Sinha) CHIEF JUSTICE Preeti