Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 33177 (CHH)

GAURISHANKAR DIWAKAR v. STATE OF CHHATTISGARH

MCRCA/1204/2026 · 2026-08-04

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010287052026 2026:CGHC:34285 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1204 of 2026 Gaurishankar Diwakar S/o Late Surat Lal Diwakar Aged About 37 Years R/o Village Khairtal, P.S. Nawagarh District- Janjgir-Champa ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station Torwa, District- Bilaspur, Chhattisgarh. ... Non-Applicant For Applicant : Shri Rahil Arun Kochar, Advocate. For Non-Applicant : Shri Sangharsh Pandey, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05/08/2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.377/2026, registered at Police Station Torwa, District Bilaspur (C.G.) for alleged commission of offence punishable under Section 420 of the IPC. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.06 17:11:23 +0530 2 2. As per the case of the prosecution, the complainant invested 4 lack in a cryptocurrency/Bitcoin investment company after being assured that the investment would be double within 18 months. It is alleged that when the company became unfunctional, the applicant failed to return the money. On 27.1.2024, the complainant has met the applicant and she was told about the investment in the company and thereafter she has invested money. On the basis of the said allegations, Crime No.377/2026 in police station torwa District Bilaspur has been registered against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He further submits that the applicant has not committed any offence. At the relevant point of time he was merely working as an employee in marketing agent of the said investment company. His duties were confined to introducing prospective investors and facilitating investors strictly according to the company, he had no authority over the company financial and he is himself a scapegoat and victim. The prosecution case itself demonstrates that the applicant never induced the complainant by making any personal representation for wrongful gain. The applicant did not execute a personal agreement guarantee repayment, the complainant has invested money in her personal capacity in the company and her son has opened a crypto wallet where he has done transactions. The applicant himself is the scapegoat, he was 3 introduced by the company and asked to do marketing and in return of marketing he would get commission. The complainant’s son namely Prakash Bhagchandani opened an account in the company i.e Sriverse and has also done multiple transactions and in return for the same has withdrawn money. There is delay of 2 years in lodging the FIR. Hence he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the nature of allegation made against the present applicant that the applicant allegedly induced the complainant to part with Rs.4 lakhs on the false pretext that the amount would be doubled within 18 months and further considering that the applicant has cheated the complainant, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Gaurishankar Diwakar, involved in Crime No.377/2026, registered at Police Station Torwa, District Bilaspur (C.G.) for alleged commission of offence punishable under Section 420 of the IPC, is rejected. Sd/- (Ramesh Sinha) Chief Justice Barve