1 CGHC010170832026 2026:CGHC:30026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4170 of 2026 Dinesh Hemraj Tembhre @ Bablu S/o Hemraj Tembhre, Aged About 46 Years R/o Third Floor, Flat No. 301, Saraswati Apartment Gujrati Colony, Netaji Nagar, P.S. Kalmana, District - Nagpur (M.H.) ... Applicant versus State of Chhattisgarh Through Station House Officer - Police Station - Azad Chowk District - Raipur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Bhaskar Payashi, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.07.2026 1. This is the second 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. 182/2016 registered at Police Station - Azad Chowk District - Raipur (C.G.) for the offence punishable under Sections 420 and 34 of Indian Penal code and Sections 4 and 5 of Prize Chit and Money Circulation Scheme (Prohibition) Act, 1978 and Section 10 of the Chhattisgarh Protection of Interest of Investors Act, 2005. 2. As per the prosecution story, J.S.V. Developer India Ltd. and Jai Vinayak Buildcorp Ltd. opened offices in various cities across the State of Chhattisgarh during the period from 09.04.2009 to 2015. The companies PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.16 15:54:51 +0530 2 allegedly collected huge amounts from investors under the pretext of providing lucrative investment schemes. However, upon the maturity of the investments, the companies closed their offices without refunding the invested amounts, thereby allegedly cheating a large number of investors. J.S.V. Developer India Ltd. operated its local office at Muskan Plaza, 3rd Floor, Ashwani Nagar, Mahadev Ghat Road, Raipur. Its registered office was situated at C-203, 3rd Floor, M.P. Nagar, Zone-2, Bhopal, while its corporate office was located on the 1st Floor, Plot Nos. 2 to 5, M.P. Nagar, Zone-2, Bhopal. The head office of Jai Vinayak Buildcorp Ltd. was situated at Lalita Apartment, Ambedkar Road, Nagpur (Maharashtra). It is alleged that the Directors of the companies, namely, Jagmohan Singh Kathait, Vijay Laxmi Kathait, Bhupendra Singh Kathait, Dinesh Hemraj Temre, Rajat Shabro Dey, Sukant Manjhi, Rajendra Narayan Bhale, Parth Sarthi Dey and Satish Singh Prajapati, absconded after committing the alleged fraud. On the basis of the complaint lodged by Shivnarayan Patel at Police Station Azad Chowk, Raipur, the present crime was registered. After completion of the investigation, the applicant was arrested on 02.06.2025, and the charge-sheet has been filed in Criminal Case No. 04/2019. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected on merits by this Court vide order dated 29.08.2025 passed in MCRC No. 6834 of 2025. He further submits that the applicant was merely a paid employee of the Company and was designated as a Director of J.S.V. Developer India Ltd. It is further submitted that, so far as the status of the trial is concerned, out of 32 prosecution witnesses, only 2 witnesses have been examined till date. He further submits that the applicant has no previous criminal antecedents and has been in judicial custody since 02.06.2025. Therefore, it is prayed 3 that the present applicant is also entitled to be released on bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the first bail application of the applicant was rejected by this Court vide order dated 29.08.2025. It is further submitted that one of the co-accused, namely, Vijay Laxmi Kathait, who was also a Director, was granted bail by this Court in MCRC No. 5973/2023 vide order dated 10.11.2023 on the ground that she was a woman and had been incarcerated in jail since 03.08.2019. It is further submitted that the applicant has one previous criminal antecedent of a similar nature, therefore, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 29.08.2025 passed in MCRC No.6834 of 2025 on merits, but considering the fact that so far as the status of the trial is concerned, out of 32 prosecution witnesses, only 2 witnesses have been examined till date, further the applicant has one previous criminal antecedents, as such, this Court is of the view that the applicant is entitled to be released on bail. 7. Accordingly, the second bail application is allowed. Let the Applicant- Dinesh Hemraj Tembhre @ Bablu, involved in Crime No. 182/2016 registered at Police Station - Azad Chowk District - Raipur (C.G.) for the offence punishable under Sections 420 and 34 of Indian Penal code and Sections 4 and 5 of Prize Chit and Money Circulation Scheme (Prohibition) Act, 1978 and Section 10 of the Chhattisgarh Protection of Interest of Investors Act, 2005, be released on bail on his furnishing a 4 personal bond with two local heavy 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 he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 him, 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 him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Preeti