Uttar Bastar Kanker Chhattisgarh v. State Of Chhattisgarh Through
Case Details
1 2025:CGHC:38845 NAFR GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.06 17:36:26 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6159 of 2025 Nekram Sinha S/o Jhadu Ram Sinha Aged About 31 Years R/o - Kariha P.S. Charama, District- Uttar Bastar Kanker Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through- SHO, PS. Kanker District- Uttar Bastar Kanker Chhattisgarh. ... Respondent For Applicant
Legal Reasoning
: Ms. Madhunisha Singh, Advocate. For : Dr. Saurabh Pandey, Dy.A.G. Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.103/2025 registered at Police Station Kanker, District- Uttar Bastar Kanker (C.G.) for the offence punishable under Sections 420,120 (B), 34 of IPC and Sections 6 & 10 of CGPDI Act 2005. 2. Case of the prosecution, in brief, is that on 8/4/2025, Complainant 2 appeared at the Kanker police station and submitted a written complaint to the effect that people associated with RV Company, Ambikapur and Spash Advisors Private Limited Raipur, who are called connectors, identify people in their vicinity who need a loan but do not get any loan on salary basis or who already have a loan, and assure them of getting a loan. The said company has a setup with banks and finance companies like HDFC, ICICI, Bandhan, Axis, IDFC, Yes, Kotak etc. Connectors motivate people that you will not get much loan on the basis of your salary, but considering their company, they give you a loan and the company will take 50% of the loan amount because your loan has been passed due to that. Also, the company will pay your installments for 5-6 years. Connectors take necessary documents of people like PAN, Aadhar card, salary slip, bank statement etc. Loans were passed by the company by taking personal loans from many banks. Money transactions were done from the accounts of Manoj Pradhan, Surendra Singh Kariham of RV Company Ambikapur, Abhay Kumar Gupta and Ragiv Hussain of RV Company Raipur. The company sanctioned a loan of Rs 22,98,388/- in the name of Manoj Sinha and defrauded Rs 13,75,000/-. Similarly, Gayatri, Lachhani Nishad, Sangita Mandavi Tamesh kumar By getting loans sanctioned for people like Jai Kumar Nayak, Tamesh Kumar, Bhagirathi Gawade, Balran Jurri, Mahesh Kumar Kavade, Sapna Netam, Draupati Bhaskar, Suruj Lal Karga, Kamini Netam, Rajkumar Kaushal, Rameshwar Shori, Sanjay Kumar Potavi, Dheeraj Ram Jain, Lalit Kumar Sonwani, Rakesh Kumar, Rainu Ram Netam, Punya Pratap Jurri etc., a fraud of about Rs. 3,72,50,327/-has been committed., the Kanker police station 3 registered a First Information Report against the accused During investigation Crime under Section 6,10 of C.G. Protection of Depositors Interests Act 2005 were added. 3. It has been argued by learned counsel for the applicant that the FIR was registered against four accused persons namely Abhay Kumar Gupta, Ragiv Hussain, Manoj Pradhan and Surendra Kariham. It is stated that during the course of investigation it has come into light in the memorandum statement of the co-accused that the amount which was taken by the said co-accused persons to the tune of Rs.3,70,50,000/- some of the amount have been paid to the applicant. She would submit that the applicant is in jail since 12/04/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He would submit that there is no criminal antecedents against the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, considering the fact that on a pointed query being made from the learned counsel for the State as to how much money was paid by the co-accused to the applicant, he states that no such amount has been disclosed in the case diary, case of the applicant is distinguishable from the case of the other co-accused, there is no criminal antecedents against the applicant, period of detention of the applicant since 4 12/04/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant-Nekram Sinha, involved in Crime No.103/2025 registered at Police Station Kanker, District- Uttar Bastar Kanker (C.G.) for the offence punishable under Sections 420,120 (B), 34 of IPC and Sections 6 & 10 of CGPDI Act 2005, 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 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. 5 (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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri