1 2026:CGHC:10056 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 323 of 2026 Samik Nanda S/o Habil Nanda Aged About 34 Years R/o Jorpada Bhawanipatna Sadar Kalahandi Bhawanipatna District- Kalahandi (Odisha) ... Applicant(s) versus State Of Chhattisgarh Through- Station House OfÏcer, Devendra Nagar District- Raipur (C.G.) ---- Non-Applicant(s) For Applicant :Mr. Sunil Verma, Advocate. For Non-Applicant :Mr. Nitansh Jaiswal, Dy. Govt. Adv. For Objector :Ms. Aditi Singhvi, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.02.2026 1. Learned counsel for the applicant submits that the defects as pointed out by the Registry have been duly removed. 2. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.04/2026 registered at Police Station Devendra Nagar, District - KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Raipur (C.G.) for the offences punishable under Sections 318(4) read with Section 3(5) of BNS. 3. Prosecution case in brief is that the case diary was perused, according to which the complainant, Nemichand Jain, submitted a written complaint before Police Station Devendra Nagar, Raipur, stating that in November 2025 he received a link through a group on the Telegram app on his mobile phone. The link stated that by investing Rs. 1,00,000/-, a profit of Rs. 30,000/- would be given within 10 days. In the said group, his acquaintance and neighbour Ajit Patra, Archana Agrawal, Ajay Tripathi, Vikas Sahu and a person named Samik Nanda (applicant) (wrongly mentioned in the order sheet) were also connected. When he spoke to Ajit Patra regarding the scheme, Ajit advised him to invest money to earn more profit. Acting on this advice, the complainant invested Rs. 1,00,000/- and after a few days received a profit of Rs. 30,000/-. Thereafter, Ajit Patra repeatedly encouraged him to invest a larger amount. It is further alleged that along with Archana Agrawal and others, the complainant was told that by investing Rs. 2 crores he would receive a profit of Rs. 40 lakhs. Influenced by the statements of the accused persons, the complainant borrowed Rs. 2 crores from his brother-in- law. The accused Archana Agrawal, Vikas Sahu and Ajay Tripathi were staying at Hotel Simran, where the complainant was introduced to Archana Agrawal, who told him to hand over the money to them. Accordingly, on 18.12.2025, the complainant handed over the money to the accused/applicants Vikas Sahu and Ajay Tripathi. Thereafter, the complainant was brought back to Hotel Simran where he again 3 met Archana Agrawal, who told him that within a few days he would receive Rs. 2 crores 40 lakhs. However, till date he has not received any amount. Despite repeated demands, the complainant was misled and subsequently the Telegram group, its links and messages were deleted. Thereafter, the FIR was registered and hence this anticipatory bail application. 4. Learned counsel for the applicant submits that the applicant is an innocent and has been falsely implicated in the present case and the FIR does not disclose any specific role or overt act attributable to him. It is submitted that the case is based on documentary evidence and custodial interrogation of the applicant is not required. The applicant has clean antecedents, is a professional person and there is no likelihood of his absconding or tampering with the prosecution evidence. The applicant undertakes to cooperate with the investigation and the alleged offence is not punishable with death or imprisonment for life. He further submits that on similar footing, co- accused namely Archana Agrawal has been granted anticipatory bail by this Court in MCRCA No. 133/2026 vide order dated 23.01.2026 therefore, the applicant may kindly be granted anticipatory bail. 5. Learned counsel for the State as well as the learned counsel for the objector opposed the prayer for grant of anticipatory bail application and submits that the allegations against the applicant are serious in nature. As per the prosecution case, the applicant was connected with the Telegram group through which the complainant was induced to invest huge amounts on the false promise of high returns and ultimately an amount of Rs. 2 crores was dishonestly obtained from 4 the complainant. It is submitted that the role of the applicant is reflected in the case diary and the matter involves organized cheating and financial fraud. They further submits that the investigation is at a crucial stage and custodial interrogation of the applicant is necessary to ascertain the larger conspiracy, trace the money trail and identify other persons involved in the offence. Considering the gravity of the offence and the manner in which the complainant was deceived, the applicant is not entitled to the discretionary relief of anticipatory bail. Hence, the application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. On a pointed query being made to the learned counsel for the objector as to under what circumstances and for what reason such a huge amount was voluntarily handed over to the applicant/accused without any written agreement or lawful assurance, no satisfactory explanation could be furnished. 8. Considering the aforesaid aspect, the nature of allegations, the submissions advanced by learned counsel for the parties, the material available in the case diary and particularly taking into account that the case is primarily based on documentary evidence, the applicant has no criminal antecedents and the co-accused Archana Agrawal has already been granted anticipatory bail by this Court in MCRCA No. 133/2026 vide order dated 23.01.2026 and without expressing any opinion on the merits of the case, this Court is 5 of the opinion that it is a fit case to extend the benefit of anticipatory bail to the applicant. 9. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Samik Nanda, 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 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 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal