Yashwant Kumar Nag S/o Paras Ram Nag Aged About 45 Years R/o Village Piperchhedi v. State of Chhattisgarh Through Police Station- Rajim, District – Gariyaband
Case Details
1 2025:CGHC:13132 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 94 of 2025 Yashwant Kumar Nag S/o Paras Ram Nag Aged About 45 Years R/o Village Piperchhedi, Police Station Piperchhedi, District- Gariyaband (C.G.) --- Applicant versus State of Chhattisgarh Through Police Station- Rajim, District – Gariyaband (C.G.) --- Non-applicant Along with MCRC No. 299 of 2025 RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Kamlesh Kumar Sahu S/o Gorelal Sahu Aged About 45 Years R/o W.No. 07, Nayapara Ujiyarpur, Police Station Lalpur, District- Mungeli (C.G.) --- Applicant Versus State of Chhattisgarh Through Police Station- Rajim, District – Gariyaband (C.G.) ---- Non-applicant For Applicant For Non-applicant/State : :
Legal Reasoning
Mr. Mohammad Afroz Athar, Advocate. Ms. Supriya Upasane, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice 19.03.2025 Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular 2 bail, as he has been arrested in connection with Crime No. 408/2024, registered at Police Station – Rajim, District – Gariyaband (C.G.) for the offence punishable under Sections 420 and 409 read with Section 34 of the Indian Penal Code (for short, IPC). 2. The case of the prosecution, is that the complainant Santosh Dewangan lodged a written complaint against accused persons, Raja Ram Tarak, Sharad Chand Sharma, Kamlesh Kumar Sahu and Yashwant Kumar Nag, that they had created fake company namely ‘Trade Expo’ and promoted the company through YouTube channel and zoom app and in the name of offering daily profit in percentage cheated the complainant and others with around Rs. 4,83,30,000/- (Four Crore, Eighty Three Lac, Thirty Thousands). Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is no criminal antecedents registered against the present applicants. It is further submitted that the applicants are also one of the victims of the company themselves as they have also invested the amount of Rs. 19 Lacs in the said company which has absconded, and it is alleged by the complainant that the applicants had induced him to invest the money in the said company, and further the applicants and other victims have also lodged complaint against the company on 21.10.2024. The applicants are in jail since 20.12.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicants. It is further submitted that the complainant Santosh Dewangan lodged a written complaint against 5. 6. 3 accused persons, Raja Ram Tarak, Sharad Chand Sharma, Kamlesh Kumar Sahu and Yashwant Kumar Nag, that they had created fake company namely ‘Trade Expo’ and promoted the company through YouTube channel and zoom app and in the name of offering daily profit in percentage cheated the complainant and others with around Rs. 4,83,30,000/- (Four Crore, Eighty Three Lac, Thirty Thousands), therefore, he is not entitled for grant of bail. I have heard learned counsel for the parties and perused all of the documents available on record. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, further the applicants are also one of the victims of the company themselves as they have also invested the amount of Rs. 19 Lacs in the said company which has absconded, and it is alleged by the complainant that the applicants had induced him to invest the money in the said company, and further the applicants and other victims have also lodged complaint against the company on 21.10.2024, the applicants are in jail since 20.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Yashwant Kumar Nag and Kamlesh Kumar Sahu , involved in Crime No. 408/2024, registered at Police Station – Rajim, District – Gariyaband (C.G.) for the offence punishable under Sections 420 and 409 read with Section 34 of the IPC, be released on bail on his furnishing a personal bond with two 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 4 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 sufÏcient 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rajshekhar Sd/- (Ramesh Sinha) Chief Justice