Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:14103
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 444 of 2026 • Amit Lilhare S/o Nirbhaydas Lilhare Aged About 42 Years R/o Harinagar, Katulboard, Durg, Tehsil And District - Durg, Chhattisgarh (Particulars Of The Applicant Are Mentioned Correctly) (Name Of District Wrongly Mentioned In The Order Impugned)
... Applicant(s) versus • State of Chhattisgarh Through Station In Charge, Police Station - Kotwali, District Rajnandgaon, Chhattisgarh
... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Anmol Sharma, Advocate For Respondent(s) : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 24/03/2026
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.104/2026 registered at Police Station – Kotwali, District: Rajnandgaon, C.G. for the offence punishable under Sections 420, 34 of IPC.
2. Case of the prosecution, in brief, is that complainant namely Hemant Dewangan lodged a written complaint before the police authorities on VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.25 17:31:28 +0530
2 10.02.2026 stating that he is plumber by profession. The present applicant is an acquaintance of the complainant and was working in the SMC Global Securities Limited Company. It is further alleged in the company that the present applicant asked the complainant to invest through SMC Global Securitas Limited in Mutual Funds and stocks, in return he will receive a monthly return of 5% on the amount invested. Complainant on assurance given by the present applicant on 20.06.2020 gave a Cheque of Rs. 1 Lakh in the name of SMC Global Securities Company and started investing the stocks & mutual funds. It is alleged by the complaint that he started receiving 5% monthly return in his account and gave some commission to applicant in cash. Looking to the return received by the Complainant regularly, he over the time invested more amount to the tune of Rs. 25 Lakhs and another Rs. 25 Lakhs in the name of his wife namely Vedbai. That after the amount was invested he was receiving the returns and after some time it stopped. Upon inquiry being made by the Complainant, the applicant assured him that he will soon receive the amount but didn't receive the same and accordingly a complaint was made to police authorities stating that the present applicant had duped the complainant to the tune of Rs. 50 Lakhs and some other persons also. As such police authorities registered a case under Section 420, 34 IPC against the present applicant and Director of SMC Global Securities Limited bearing crime number 104/2026 and started investigation.
3.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case and complainant trying to extort the present applicant and trying to recover the losses incurred by him by making investment in the stock
3 market, it is worthy to mention that when the complainant was getting the return everything was fine but when he incurred loss all the blame suddenly shifted upon the present applicant. He further submits that there is no direct or documentary evidence to prove the involvement of the present applicant in the offence and there is a delay of almost six years in lodging FIR against the present applicant, therefore, he submits that the present applicant is also entitled to be released on anticipatory bail.
4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail of the applicant and submits that applicant has no previous criminal antecedent.
5. I have heard learned counsel for the parties and perused the materials available on record.
6. Considering the facts & circumstances of the case, submission of
learned counsel for the parties, materials available on record, considering the fact that there is a delay in lodging FIR against the applicant and applicant has no previous criminal antecedent, therefore, I am inclined to grant anticipatory bail to the present applicant.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Amit Lilhare 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) 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
4 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 along with a coloured 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha)
Chief Justice Vaishali