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2026 DAILYLAW 24375 (CHH)

DHATRI KOSARE v. STATE OF CHHATTISGARH

MCRC/5118/2026 · 2026-07-01

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Judgment text

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1 2026:CGHC:27281 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2994 of 2026 Dolly Namdev W/o Snehanshu Kumar Namdev Aged About 36 Years R/o House No. 76, Sai Vilas Parisar Janjgiri, Near Royal Khalsa Restaurant Charoda Bhilai, District- Durg, Chhattisgarh --- Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Supela, Chowki Smiriti Nagar, Bhilai, District Durg (C.G.) --- Non-Applicant MCRC No. 5118 of 2026 Dhatri Kosare D/o Arun Kumar Kosare Aged About 24 Years R/o C Pocket 8/d, Maroda Sector Bhilai Ps- Newai, District- Durg (C.G.) (Details Incompletely Mentioned In The Cause Title Of The Impugned Order) --- Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Chowki- Smriti Nagar Police Station- Supela District- Durg (C.G.) --- Non-Applicant MCRC No. 3301 of 2026 Dhatri Kosare D/o Arun Kumar, Aged About 24 Years R/o 8/d Pocket, Maroda Sector, Bhilai Civic Centre Bhilai District Durg (C.G.) --- Applicant KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.03 18:57:43 +0530 2 Versus State Of Chhattisgarh Through Station House Officer, Police Chowki-Smriti Nagar, Police Station- Supela, District Durg (C.G.) --- Non-applicant For Applicant in MCRC No.2994/ 2026 : Shri Sanjay Kumar Agrawal, Advocate. For Applicant in MCRC Nos. 3301/2026 & 5118/2026 : Ms. Aditi Singhvi, Advocate. For Non-applicant : Shri Soumya Rai and Miss Anusha Naik, Deputy GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02/07/2026 MCRC No. 2994 of 2026 & MCRC No. 3301 of 2026 1. Since the above mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.1123/2025 registered at Police Station Supela, Chowki Smriti Nagar, Bhilai, District Durg for offence under Sections 318 (4), 338, 336 (2), 340 (2) & 61 (2) of the BNS and Section 10 of the CG Protection of Depositors Interest Act, 2005. 3 3. Case of the prosecution, in brief, is that the complainant filed a written complaint with the Police Chowki Smriti Nagar, PS Supela, District Durg stating that he is the resident of Risali, Bhilai, PS Newai, District Durg. He was informed by his friend that in Tea Surya Mall, Bhilai, a company named as Nisha Business Consultancy and Unique Investment Solution is functioning, which gives return of 20% interest per month in respect of investment in share market. The complainant got influenced by such interest return and invested Rs.23,30,000/- and after some time, he came to know that the said company has fled away and the same has been shut down, thereby the complainant was cheated and financial loss was caused to him. Thereafter FIR was lodged. Hence, the bail applications. 4. Learned counsel for the applicants jointly submit that co-accused persons have already been enlarged on bail by this Court vide orders passed in MCRC Nos.1112/2026 & 2684/2026 and the applicants have been in jail since 20.9.2025. Therefore, learned counsel pray for grant of regular bail to the applicants. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail applications. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and the fact that co-accused persons have already been released 4 on bail by this Court vide orders dated 28.2.2026 & 23.3.2026 passed in MCRC Nos.1112/2026 & 2684/2026 respectively and looking to the period of detention, as the applicants are in jail since 20.9.2025, this Court is of the view that the applicants are entitled to be released on bail. Accordingly, the applications are allowed. 8. Let the Applicants – Dolly Namdev and Dhatri Kosare involved in Crime No.1123/2025 registered at Police Chowki Smriti Nagar, Police Station Supela, District Durg (C.G.) for offence under Section 318 (4), 338, 336 (2), 340 (2) & 61 (2) of the BNS and Section 10 of the CG Protection of Depositors Interest Act, 2005, be released on bail on their furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 5 (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. MCRC No. 5118 of 2026 9. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.1137/2025 registered at Police Station Police Chowki Smriti Nagar, PS Supela, District Durg (C.G.), for the offence punishable under Sections 318 (4), 338, 336(2), 340 (2), 61 (2) of the Bharatiya Nyaya Sanhita and under Section 10 of the CG Protection of Depositors Interest Act, 2005. 10.Case of the prosecution, in brief, is that the complainant was lured by the agents of Unique Investment Solution and Nisha 6 Business Consultants Pvt. Ltd to invest the money under the fraudulent promise of 15-20% monthly return through share trading. After the initial investment of Rs.2 lakhs and subsequent investment of Rs.20 lakhs, the said company had stopped all payments and it is alleged that the Directors along with the applicant and other co-accused have defrauded the complainant and several other persons. Thereafter the FIR was lodged. Hence, the bail application. 11.Learned counsel for the applicant would submit that the present applicant was in jail since 20.9.2025 in connection with Crime No.1123/2025 and the present FIR was registered on 22.9.2025 and the formal arrest of the applicant was made on 5.1.2026. It is further submitted that co-accused persons have already been released on bail vide orders passed in MCRC No.3408/2026 & 3057/2026 and the present applicant has also been released on bail by this Court in Crime No.1123/2025, as mentioned above, therefore, the applicant may be released on bail in the present crime also. 12.Learned State counsel would oppose the bail application. 13.I have heard learned counsel appearing for the parties and perused the case diary. 14.Considering the fact and circumstances of the case, particularly considering that co-accused persons have already been released on bail by this Court vide order dated 7.5.2026 passed in MCRC 7 Nos.3408/2026 & 3057/2026 and that the present applicant has already been released on bail in Crime No.1123/2025, as mentioned in the preceding paragraphs of this order and looking to the length of pre-trial detention, this Court is of the opinion that the present is a fit case to admit the applicant to bail. 15.Accordingly, the bail application of the applicant – Dhatri Kosare is allowed. 16.Let the Applicant – Dhatri Kosare involved in Crime No.1137/2025 registered at Police Chowki Smriti Nagar, PS Supela, District Durg (C.G.), for the offence punishable under Sections 318 (4), 338, 336(2), 340 (2), 61 (2) of the Bharatiya Nyaya Sanhita and under Section 10 of the CG Protection of Depositors Interest Act, 2005, be released on bail on her furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed 8 against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 17.Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Barve