1 CGHC010218362026 2026:CGHC:28729 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 850 of 2026 1. Ashok Kumar Gidwani S/o Late Jani Gidwani Aged About 57 Years R/o T. T. Mandal Line, Hemunagar, Police Station- Torwa, District- Bilaspur Chhattisgarh. 2. Mohit Gidwani S/o Ashok Kumar Gidwani Aged About 31 Years R/o T. T. Mandal Line, Hemunagar, Police Station- Torwa, District- Bilaspur Chhattisgarh. --- Applicants versus • State Of Chhattisgarh Through- Station House Officer, Police Station- Civil Line, District- Bilaspur Chhattisgarh. --- Non-applicant AND MCRCA No. 862 of 2026 • Deepak Harjpal (Proprietor Of Bhavesh Traders ) S/o Girdhari Harjpal, Aged About 34 Years R/o Village Ramavaily Police Station Chakarbhatha, District- Bilaspur (C.G.). ---Applicant Versus • State Of Chhattisgarh Through Station House Officer, Police Station Civil Line, District- Bilaspur (C.G.). --- Non-applicant (Cause title taken from Case Information System) For Applicant in MCRCA No.850/2026 : Mr. Chandrikaditya Pandey, Advocate. For Applicant in MCRCA No.862/2026 : Mr. Virendra Verma, Advocate. For State/Non-applicant : Mr. Soumya Rai, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. These first anticipatory bail application filed 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 DEEPTI JHA Digitally signed by DEEPTI JHA 2 No.637/2026 registered at Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections 420 & 34 of IPC,1860. 2. The prosecution's case, in brief, is that complainant, Vijay Kumar Gupta filed a written complaint at Police Station Civil Lines alleging inter alia that he had sold a piece of land situated at Vyapar Vihar to Ashok Kumar Gidwani, resident of Main Road, Torwa, in the year 2023, and since then he had become acquainted with him. It is alleged that the applicants, who were running a novelty/general merchandise business at Vyapar Vihar, represented that their business was flourishing and induced the complainant as well as his friend, Ramesh Kumar Agrawal, resident of Rohini Vihar, Bilaspur, to invest money in their business. On the basis of assurance given by the applicants, the complainant transferred an amount of 30,00,000/- to Ashok Kumar ₹ Gidwani through RTGS on 29.04.2024 and thereafter, on 25.07.2024, Ashok Kumar Gidwani got an amount of 15,00,000/- invested in ₹ Bhavesh Traders in the name of business investment. Subsequently, ₹16,00,000/- was transferred through RTGS to Ganesh Kitchen Novelty on 28.11.2024, 20,00,000/- was paid to Bhavesh Traders on ₹ 26.12.2024, 15,00,000/- was paid to Ganesh Kitchen Novelty on ₹ 06.12.2024, and 10,00,000/- was paid to Mohit Kumar Gidwani on ₹ 06.01.2025. Further, Bhavesh Traders received ₹10,00,000/- on 25.07.2024 and Ganesh Kitchen Novelty received 18,00,000/- on ₹ 06.12.2024. Thus, a total sum of 1,24,00,000/- was paid through bank ₹ transfers, cheques and RTGS, In addition, the complainant's son Ankit Kumar Gupta, daughter Vasundhara Gupta, and wife Seema Gupta allegedly paid a further amount of 85,00,000/- in cash. It is further ₹ 3 alleged that the complainant's friend Ramesh Kumar Agrawal was also induced by Ashok Kumar Gidwani through false representations and assurances of higher returns from the business and consequently paid ₹63,00,000/- in cash. Upon learning about such investments, Sunil Kumar Agrawal was similarly lured by Ashok Kumar Gidwani with promises of substantial profits and invested 60,00,000/- in cash. In ₹ this manner, the accused persons induced the complainant and others to invest money on the assurance of making them partners in the business and thereby dishonestly cheated them of a total amount of ₹3,32,00,000/- It is alleged that the applicants and Deepak Harjpal, proprietor of Bhavesh Traders, jointly collected money and committed the act of cheating. The accused persons had assured that profits from the business investments would be paid every three months but on demand by the complainant, the profits or return of his investment, they kept postponing the matter by making false assurances of payment Subsequently, upon repeated demands for repayment, they allegedly abused the complainant and threatened him with dire consequences, including threats to his life On the basis of the written complainant lodged by the complainant, an offence bearing Crime No. 637/2026 was registered at Police Station Civil Lines for the offence punishable under Sections 420 and 34 of the Indian Penal Code against the applicants and Deepak Harjpal and investigation was taken up. The charge-sheet has not been filed and matter is being investigated by the police of Police Station Civil Line, District Bilaspur (C.G.). 3. Learned counsel appearing for the respective applicants in their respective cases would submit that the applicants are innocent and 4 they have been falsely implicated in crime in question. They further submitted that certain amounts were arranged as loans in favour of Deepak Harjpal, proprietor of Bhavesh Traders, on their guarantee. It is further submitted by them that some amount were deposited by the complainant itself into the account of Ganesh Kitchen Novelty. They further submitted that complainant with an intention of recovering the money from Bhavesh Traders allegedly made false accusations against the present applicants therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicants and submits that charge sheet has not been filed in the instant cases, therefore, the present applicants may not be enlarged on anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and further considering the fact that charge sheet has not been filed in the instant case, therefore, without commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 – Ashok Kumar Gidwani & applicant No.2 – Mohit Gidwani in MCRCA No.850/2026 and applicant – Deepak Harjpal in MCRCA No.862/2026 on 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:- 5 (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 dissuade them 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 his 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 Deepti Jha