The State of Chhattisgarh Through Sho, Ps Tamnar, District Raigarh v. C.G
Case Details
VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.19 17:28:54 +0530 1 2025:CGHC:48158 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7402 of 2025 • (Dr.) Gourhari Mandal S/o. Kanailal Mandal Aged About 54 Years R/o. Roy Choudhari Bagan, Ward No. 6, Thana Baruipur, District 24- Pargana Wb. ... Applicant 1. The State of Chhattisgarh Through Sho, Ps Tamnar, District Raigarh versus C.G. 2. The Superintendent Of Police, Baruipur Sub-Division, Kolkata Wb. 3. The Joint Commissioner Of Police-Crime, 18, Lal Bazar Street, Kolkata Wb. ... Respondents (Cause title is taken from Case Information System) For Applicant
Legal Reasoning
: Mr. Praveen Soni and Mr. Aman Saxena, Advocate For Respondents/State : Ms. Supriya Upasne, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/09/2025 1. This is second 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. 187/2024 registered at Police Station - Tamnar, District-Raigarh (C.G.), for the offence punishable under Sections 318(4), 3(5), 338, 340(2) of BNS, 66(D) of IT Act. 2. Case of the prosecution, in brief, on 10.07.2024 the Complainant 2 appeared before the SHO to PS Tamnar, District Raigarh CG and submitted a Written-Application against an UNKNOWN Accused- Person to the effect that, between the 11.06.2024 and 03.07.2024, a sum of 1,12,43,913/-(One Crore Twelve Lakh Forty-Three Thousand ₹ Nine Hundred Thirteen) was fraudulently procured from him in 19- Installments and deposited into an account indicated by the Groww app. Same was conduct under the allurement that it was an International Account wherein he could trade in Circuit Shares and IPOs' (Initial Public Offerings) and earn Daily-Returns between 10% to 50%. The complainant, while trading in shares and IPOs', had successfully withdrawn an amount of 1,000/- (One Thousand) on ₹ 14.06.2024. However, on 03.07.2024, when the total balance reflected in the portal was 5,94,18,711/- (Five Crores Ninety-Four ₹ Lakh Eighteen Thousand Seven Hundred Eleven), the said amount was fraudulently withheld, and he was prevented from withdrawing the funds. The same day, Officers of PS Tamnar, District Raigarh CG had registered the FIR under Section 318(4) of BNS. Other Sections 338, 340(2), 3(5) of BNS, 66(D) of IT Act were added separately during the course of investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime in question. The applicant further submits that the first bail application filed by the applicant has already been rejected on merits in MCRC No.4647 of 2025 vide order dated 11.07.2025. It is further argued by learned counsel for the applicant is that as per the status of the trial, out of sixteen witnesses only one witness statement has been recorded and co-accused namely Midul Shaikh and Sanjay Saha have already been 3 granted bail by this Court in MCRC No.3543 of 2025 and MCRC No.6809 of 2025 vide order dated 07.05.2025 and 28.08.2025 respectively and another co-accused Chandan Kahar has been released on bail by the learned trial Court. Therefore, he prays for grant of regular bail to the applicant on the ground of parity. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and applicant has no criminal antecedents but the present case is of the nature of online fraud, by which the complainants suffered of huge amount, therefore, applicant is not entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicant and further considering the fact that co-accused namely Maidul Shaikh and Sanjay Saha have already been granted bail by this Court in MCRC No.3543 of 2025 and MCRC No.6809 of 2025 vide order dated 07.05.2025 and 28.08.2025 respectively and another co-accused Chandan Kahar has been released on bail by the learned trial Court, he is in jail since 29.12.2024, looking to the detention period of the applicant and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail. 7. Let the applicant – Dr. Gourhari Mandal, involved in Crime No.187/2024 registered at Police Station - Tamnar, District-Raigarh (C.G.), for the offence punishable under Sections 318(4), 3(5), 338, 340(2) of BNS, 66(D) of IT Act, be released on bail on their furnishing 4 a personal bond with two 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 5 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 forthwith. - vaishali Sd/- (Ramesh Sinha) Chief Justice