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2026 DAILYLAW 6134 (CHH)

KULDEEP SINGH v. STATE OF CHHATTISGARH

MCRC/2870/2026 · 2026-04-07

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1 2026:CGHC:16126 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2870 of 2026 Kuldeep Singh S/o Shri Jaikrit Singh Aged About 40 Years Occupation - Private Work, R/o Brinda Gardne Colony, Nehru Nagar, Dehradun (Uttarakhand) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Kharsiya, District – Raigarh, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Rajesh Chandrakar, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 412/2024, registered at Police Station – Kharsiya, District – Raigarh (C.G.) for the offence punishable under Sections 420 of IPC and Section 66(D) of IT Act. 2. The case of the prosecution, is that the complainant is employed at SKS Power Plant, Binjkot, Darramuda, in the Coal Commercial Division. On 22.02.2024, he received a link via a WhatsApp message, and his mobile number was added to a WhatsApp group. In the said group, he observed that members were allegedly earning profits of 7- 8% through the purchase and sale of shares. Consequently, on RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 09.03.2024, he expressed his desire to join the group. Thereafter, the complainant downloaded an application named "Samara Pro" from the Google Play Store and commenced monetary transactions and online share trading through the said application. Subsequently, he began receiving daily notifications on his mobile phone regarding the purchase and sale of specific shares from a mobile number purportedly belonging to Vikram Aggarwal, CEO of Samara Capital. Between 09.03.2024 and 27.03.2024, the complainant invested a total sum of Rs. 91,00,000/-. It is alleged that his share portfolio grew to a value of Rs. 5.26 crore, purportedly due to additional allotment of fund value in IPOs as advised by the personnel of Samara Capital. Thereafter, the personnel of Samara Capital allegedly pressured the complainant to pay the difference in profit. Upon his refusal, they restricted access to his trading account, liquidated his portfolio for Rs. 3.67 crore, and placed a hold on the entire trading account. Being unable to access his trading account, the complainant lodged a written complaint against the CEO of Samara Capital, namely Vikram Aggarwal. Thereafter, the applicant and other accused persons were also arrested. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is one criminal antecedent registered against the applicant. It is further submitted that the identically situated co-accused namely, Ashish Agrawal has been granted regular bail by the Hon'ble Apex Court vide order dated 30.01.2026 in Special Leave to Appeal (Crl.) No.21040/2025 and also Shekhar Thapliyal has been granted regular 3 bail by this Court vide order dated 27.02.2026 in MCRC No.1929/2026. The applicant is in jail since 07.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed and there is one criminal antecedent registered against the applicant, but could not dispute the fact that co-accused persons have already been granted bail by this Court as well as by the Hon’ble Apex Court and the case of the present applicant is identical to that of the co-accused. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, and the fact that the charge-sheet has been filed and there is one criminal antecedent registered against the applicant, but the identically situated co-accused namely, Ashish Agrawal has been granted regular bail by the Hon'ble Apex Court vide order dated 30.01.2026 in Special Leave to Appeal (Crl.) No.21040/2025 and also Shekhar Thapliyal has been granted regular bail by this Court vide order dated 27.02.2026 in MCRC No.1929/2026, and the applicant is in jail since 07.05.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application, on the ground of parity. 7. Let applicant, Kuldeep Singh, involved in Crime No. 412/2024, registered at Police Station – Kharsiya, District – Raigarh (C.G.) for the offence punishable under Sections 420 of IPC and Section 66(D) of IT Act, be released on bail on his furnishing a personal bond with two 4 local 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar