1 CGHC010147382026 2026:CGHC:30713 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4443 of 2026 1 - Vikash Kumar S/o Kedarnath Aged About 42 Years R/o Uperpur P.S. Aadampur Distt- Baxar (Bihar) 2 - Vinay Kumar S/o Kedarnath Aged About 36 Years R/o Uperpur P.S. Aadampur Distt- Baxar (Bihar) ... Applicant(s) versus State Of Chhattisgarh Through- The Station House Police Station - Balrampur Distt- Balrampur- Ramanujganj (C.G.) ... Non-Applicant(s) For Applicants : Mr. A.N. Pandey, Advocate. For Non-Applicant/State : Mr. Priyank Rathi, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/07/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 65/2022 registered at Police Station- Balrampur, District- Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 420, 120(B) of IPC and Section 10 of Protection of Depositors Interest Act 2005. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. As per the prosecution case, the complainant Asrita Kashyap and several other investors were induced by the present applicants along with the other co-accused persons, acting in connivance with Gurvinder Singh, the Director of B.N. Gold Company, to invest their money in the company on the assurance that they would receive assured returns upon maturity. It is alleged that the complainant invested a sum of Rs.18,000/- after being promised that she would receive Rs.25,000/- on completion of the investment period. However, after the maturity period expired, the office of B.N. Gold Company at Ambikapur was found closed and the accused persons allegedly absconded without returning the deposited amounts, thereby cheating the complainant and several other investors of approximately Rs.3,68,00,500/-. On the basis of the complaint lodged by the complainant, the police registered the present crime against the applicants and the other co-accused persons. During the course of investigation, the applicants were arrested. 3. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the present case. He submits that applicant No.1 was merely working as an employee of B.N. Gold Company, whereas applicant No.2 was employed as a driver in the said company and neither of them was entrusted with receiving deposits from the investors or making payment after maturity. It is submitted that the entire financial affairs of the company were being managed by its Director, namely Gurvinder Singh, who alone was authorized to receive investments and deal with the depositors. He further submits that at the time of 3 appointment, the applicants had merely furnished their personal documents, namely Aadhaar Card, PAN Card and Driving Licence, which were subsequently misused by the Director without their knowledge or consent. It is further submitted that the investigation has already been completed, charge-sheet has been filed and out of 26 prosecution witnesses, only 06 witnesses have been examined till date. He further submits that the applicants are in judicial custody since 17.04.2023 and the trial is likely to take considerable time for its conclusion. Learned counsel also submits that the main accused Gurvinder Singh, Director of the Company, has already been granted bail by this Court in M.Cr.C. No.6427/2024 vide order dated 14.11.2024 and the case of the present applicants stands on the same footing. He further submits that the applicants have four criminal antecedents of similar nature, out of which in two cases they have been granted bail by the trial Court and in the remaining two cases they have been granted bail by this Court and the said antecedents have been duly explained in Part-D (Criminal Antecedents) of the present bail application. Hence, it is prayed that the applicants be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the present applicants actively participated in inducing the complainant and other investors to invest their money in B.N. Gold Company on the false promise of higher returns after maturity and thereby played an active role in the commission of the alleged offence. He further submits that the applicants have four criminal antecedents of similar nature, as 4 stated by the learned counsel for the applicants. Although sufficient time was granted to ascertain whether the applicants have any additional criminal antecedents in the State of Odisha, no such information has been furnished till date. However, he fairly submits that the main accused Gurvinder Singh has already been granted bail by this Court in M.Cr.C. No.6427/2024 vide order dated 14.11.2024. He, therefore, prays for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the case diary as well as the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegations, the fact that the investigation has already been completed and charge-sheet has been filed before the competent Court, the applicants are in judicial custody since 17.04.2023, only 06 out of 26 prosecution witnesses have been examined and the trial is likely to take considerable time for its conclusion, further considering that the applicants claim to have been working merely as an employee and a driver of B.N. Gold Company, whereas the principal allegations regarding collection and management of the investors' money are against the Director of the Company, namely Gurvinder Singh, who has already been granted bail by this Court in M.Cr.C. No.6427/2024 vide order dated 14.11.2024, and further considering that the applicants have four criminal antecedents of similar nature, out of which in two cases they have been granted bail by the trial Court and in the remaining two cases they have been granted bail by this Court, the said 5 antecedents having been duly explained in Part-D (Criminal Antecedents) of the present bail application, and without commenting anything on the merits of the case, I am inclined to grant bail to the applicants. 7. Accordingly, the bail application of the applicants is allowed. 8. Let the applicants – Vikas Kumar and Vinay Kumar, involved in Crime No. 65/2022 registered at Police Station- Balrampur, District- Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 420, 120(B) of IPC and Section 10 of Protection of Depositors Interest Act 2005, be released on bail on their furnishing a personal bond with two local 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. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, 6 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 deliberated 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal