Nafr High Court
Case Details
1 2025:CGHC:23903 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4467 of 2025 1. Banwari Lal Lodhi @ Banwari Lal Muthariya S/o Shri Haribabu Aged About 46 Years R/o Bahrawati, P.S. - Kaulari, District - Dhaulpur, Rajasthan 2. Vijendra Pal Singh @ Lodhi @ Vijendra Pal Singh Lodha S/o Shri Veer Singh Aged About 56 Years R/o Behind Kali Mai Mandir, Western Zone, Ajmer, Current Address - Anmedi Nagar, Roja Khoda By Pass, P.S. - Nihalganj, District - Dhaulpur, Rajasthan
Legal Reasoning
3. Shivram Kushwaha S/o Shri Madhav Singh Kushwaha Aged About 41 Years R/o Jamalpur, P.S. - Kaulari, District - Dhaulpur, Rajasthan 4. Jitendra Kushwaha S/o Ramnath Aged About 34 Years R/o Jamalpur, P.S. - Kaulari, District - Dhaulpur, Rajasthan 5. Balkishan Kushwaha S/o Shri Madhav Singh Aged About 37 Years R/o Jamalpur, P.S. - Kaulari, District - Dhaulpur, Rajasthan ... Applicants PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.13 19:47:19 +0530 versus State of Chhattisgarh Through - Station House Officer, Police Station - Telibandha, District - Raipur (C.G.) ... Non-Applicant For Applicants : Mr. Sanjay Agrawal, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate. 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.06.2025 1 The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 211/2015, registered at Police Station – Telibandha, District - Raipur (C.G.) for the offence punishable under Sections 420/34, 409/34 of Indian Penal Code, Sections 4/6, 5/6 of Prize Chits and Money Circulation Schemes (Banning) Act Section 10 of Chhattisgarh Protection of Depositors Interest Act. 2 The case of the prosecution, in brief, is that the complainant Ashwin Joshi lodged written report in the concerned Police Station mentioning that in the year 2009 he has invested a sum of Rs. 2,53,000/- in the Chit Fund Company i.e. Garima Real Estate Company and Allied Ltd company, for a period of five years with promised return of Rs. 3,76,000/-. However, when the amount deposited by the complainant got matured for return on dated 31.12.2014, the Directors of the aforementioned company delayed the payment. Current the complainant owes a sum of Rs, 1,76,000/-. Based on aforementioned written complaint, the instant crime was registered on 11.06.2015 and in the course of investigation, applicants were arrested. 3 It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He further submitted that the applicants are involved in the present case as they were the Director of the company who collected investors’ 3 money and it is stated that there were two cases were registered also in District Baloda Bazar and Balod in which he stated that the applicants have been allowed bail by the trial Court, so far as the present case is concerned, co-accused, namely, Banwari Lal Kushwaha has been granted bail by the trial Court. He also submits that applicant No. 1, 2 and 4 have 12 previous criminal antecedents and applicant No. 3 is having 13 previous criminal antecedents and applicant No. 5 is having 10 previous criminal antecedents, in which the applicants have been granted bail by the trial Court. It is further submitted that the charge-sheet has been filed and the applicants’ incarceration for over 2 years 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 opposed the bail 5 6 application and submitted that the charge-sheet has been filed. He further submitted that the applicants, who are Directors of a Chit Fund Company, have fraudulently collected crores of rupees from investors, further the applicants have previous criminal antecedent, therefore, he is not entitled to be released on bail. I have heard learned counsel for the parties and perused the documents available on record. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that and the applicants are involved in the present case as they were the Director of the company who collected investors’ money and there were two cases were registered in District Baloda Bazar and Balod in which the applicants have been allowed bail by the trial Court, 4 so far as the present case is concerned, co-accused, namely, Banwari Lal Kushwaha has been granted bail by the trial Court which are registered in Crime No. 211/2015, further the applicants have previous criminal antecedents which has been explained in paragraph No. 4(A) of this bail application, the charge-sheet has been filed and the applicants’ incarceration for over 2 years, this Court is of the view that the applicants are entitled to be released on bail in this case. 7 Accordingly, the bail application is allowed. Let the applicant Nos. 1, 2, 3, 4 and 5 - Banwari Lal Lodhi @ Banwari Lal Muthariya, Vijendra Pal Singh @ Lodhi @ Vijendra Pal Singh Lodha, Shivram Kushwaha, Jitendra Kushwaha and Balkishan Kushwaha, involved in Crime No. 211/2015, registered at Police Station – Telibandha, District - Raipur (C.G.) for the offence punishable under Sections 420/34, 409/34 of Indian Penal Code, Sections 4/6, 5/6 of Prize Chits and Money Circulation Schemes (Banning) Act Section 10 of Chhattisgarh Protection of Depositors Interest Act, 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 5 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, 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 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 them 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 Preeti