Nafr High Court
Case Details
1 2025:CGHC:18313 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3088 of 2025 1 - Shantanu Ghatak S/o Bhupalchand Aged About 46 Years R/o Village Kusmunda, Ward No. 58, P.S. Kusmunda, District Korba, Chhattisgarh. Versus ... Applicant 1 - State Of Chhattisgarh Through Station House Officer, Police Station, Surajpur, District- Surajpur, Chhattisgarh. ... Non-Applicant For Applicant
Legal Reasoning
Gita Singh has already been enlarged on anticpatory bail by this Court in M.Cr.C.A. No. 1145/2021 vide order dated 21.09.2021. Investigation is 3 complete, charge-sheet has also been filed, therefore, the applicant may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by the counsel for the applicant and would submit that the applicant has committed serious crime of collecting money from the innocent villagers and defrauded them. However, he do not dispute the submission of counsel for the appellant that the co-accused Gita Singh has been granted anticipatory bail by this Court in M.Cr.C.A No. 1145/2021 vide order dated 21.09.2021 and further, that the applicant has been released on bail in M.Cr.C. No. 8515/2024 vide order dated 05.12.2024. 5. Upon putting query on the counsel for the Respondent/State, he has also submitted that the name of the applicant is not mentioned as the 6. 7. shareholder of the company. I have heard learned counsel for the respective parties. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, period of pre-trial detention and further that the investigation is complete, charge-sheet has been filed, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 8. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. (b) 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 4 sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial andin order to secure her 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. (d) 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey
Arguments
: Mr. Syed Mohammad Sohail Afzal, Advocate along with Mr. Syed Mohammad Sartaj Afzal, Advocate For Non-Applicant : Mr. Keshav Prasad Gupta, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 23/04/2025 1. This is the first bail application filed by the applicant 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. 300/2019 registered at Police Station – Surajpur, District – Surajpur, Chhattisgarh for the offences punishable under Section 420/34 of the Indian Penal Code, 1860 and under Section 10 of the Chhattisgarh Protection of Depositors’ Interest Act, 2005. 2. Case of prosecution is that, the applicant is Chief Executive Officer of Binodini Projects Limtied Chit Fund Company. He alongwith Ms. Gita Singh, Additional Director and Directors i.e. Dhiren Swain and Hiten Swain went to village of Surajpur District and pursuaded the villagers for SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 depositing their money in their company on the pretext that the company will double the amount within a period of 05 years. Upon which, complainant and others have deposited amount in the company of the applicant. Total amount of Rs. 9,56,000/- stated to be deposited by complainant and other villagers. But after period of 05 years, neither principla amount nor maturity amont i.e. double amount of deposit was refunded/returned to the complainant and others. Written report was lodged based upon which, FIR was registered against the applicant and 03 others namely, Gita Singh, Dhiren Swain and Hiten Swain for the offences punishable under Section 420/34 of the Indian Penal Code, 1860 and under Section 10 of the Chhattisgarh Protection of Depositors’ Interest Act, 2005. 3. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that the applicant is not the Director of the company, however, he has been employed by the Directors and was posted as Chief Executive Officer of the company. There are 03 Directors of the company namely, Gita Singh, Dhiren Swain and Hiten Swain. According to the allegations, the company is running business from the office situated at Korba. He further submits that the other investors have lodged report in the police station of Korba District, upon which, Crime No. 419/2018 was registered in P.S. City Kotwali, District – Korba. In that case, the applicant has been granted regular bail vide order dated 05.12.2024 in M.Cr.C. No. 8515/2024. The applicant was arrested in this crime on 22.01.2025 whereas, in another crime, he was arrested on 23.10.2024. One of the co-accused who is Assistant Director namely,