1 2026:CGHC:25424 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 913 of 2026 1 - Smt. Sonali Sarkar, Aged About 38 Years, W/o Abhijeet Sarkar, 2 - Abhijeet Sarkar, Aged About 47 Years ,S/o S. C. Sarkar, Both are R/o Flat No. 309, IIIrd Floor Ward No. 15, Shri Shyam Parishar, Aakash Marg, Uslapur, P.S. Civil Line, Distt. Bilaspur, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through Station House Officer, P.S. Civil Line, Distt. Bilaspur, Chhattisgarh. ... Respondent For Applicants : Shri Sameer Rigri, Advocate. For Respondent/State : Shri Saumya Rai, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22/06/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who are apprehending their arrest in connection with Crime GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.06.23 11:10:52 +0530 2 No.542/2026 registered at Police Station – Civil Line, District- Bilaspur (C.G.) for the offence punishable under Sections 318(4), 3(5) of B.N.S. 2. Case of the prosecution, in brief, is that on 23.04.2026, the complainant lodged written report in the concerned police station alleging that the applicants had assured the complainant that they provide good profit to their investors by investing their money in the trading through the trading company namely Pazit Trading and Export Private Limited. On the basis of aforesaid assurance given by the applicants, the complainant has started investment in the trading since March 2024, which initially given profit to the complainant and then only the complainant has invested 91 Lakhs in the trading, but no profit has been given to the complainant. So, in furtherance the complainant has lodged the F.I.R. U/s- 318(4), 3(5) BNS against the applicants at P.S.- Civil Line, Bilaspur (C.G.) having crime no.542/2026. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He submits that even if the allegations made in the FIR are accepted in their entirety, the ingredients of the alleged offence under Section 318(4) of BNS are not made out against the applicants. It is further submitted that the applicants are merely employees of the trading company and are neither its directors nor responsible for its affairs. The complainant had voluntarily invested in the share market, initially earned profits, and despite being advised to withdraw the investment due to market fluctuations, chose to continue investing. It is contended that the dispute relates to investment and recovery of money and is essentially civil in nature. It is further submitted that the applicants had 3 already lodged complaints against the complainant regarding threats and illegal demands and that the present FIR has been lodged as a counterblast to those complaints. Lastly, it is submitted that the applicants are permanent residents of address mentioned in the cause title, there is no likelihood of their absconding or tampering with the prosecution evidence, and they are ready to abide by all conditions that may be imposed by this Court, therefore he prays to enlarge the applicants 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. 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 nature of allegation levelled against the applicants and also considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Smt. Sonali Sarkar & Abhijeet Sarkar, on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to 4 dissuade him from disclosing such fact to the Court. (b) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants 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 applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri