Lakhan Soni v. State Of Chhattisgarh Through Station House Officer, Police Station- City

: Mr. Sangeet Kumar Kushwaha, Advocate For Non-Applicant : Mr. Santosh Soni, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 10/01/2025

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. 591/2019 registered at Police Station – City Kotwali, District – Raigarh, Chhattisgarh for the offences punishable under Sections 420, 409, 34 of the Indian Penal Code, 1860 and under Sections 4, 5 & 6 of Price Chit Fund and Money Circulation Scheme (Banning) Act, 1978 and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005.

Case of prosecution is that, complainant Ratiram Yadav lodged written report to the concerned police station stating that he along with 73 other investors and agent depsoited amount of Rs. 50 crores with the Nirmal Infra-home Corporation Pvt. Ltd. (for short NICL) on the assurance that SHUBHAM DEY DEY 2 NICL will return double the amount in 06 years. However, when they approached to the Branch Office after maturity date, amount was not returned and office was closed. Based on the report, aforementioned crime was registered and during course of investigation, police arrested the applicant mentioning him to be one of the Director of the Company.

Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that report was lodged in the year 2019, however, applicant has resigned from the post of Director of the company prior to filing of the complaint. Company was being managed thereafter by one Ashish Singh Chauhan as a Director. Applicant is in jail since 04.12.2021, after completion of investigation, charge sheet has been filed however, till date, trial may take sometime, hence, the applicant may be released on bail.

On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that huge amount has been invested by the investors with the company. He contended that there are other criminal antecedent against the applicant. However, he do not dispute the submission of the counsel for the applicant with regard to the date of arrest of the applicant since

16.03.2022 and that the investigation is complete and charge sheet has been filed.

At this stage, learned counsel for the applicant submits that criminal antecedent which is referred by the learned State counsel is arising out of same incident, however, report is lodged by different complainants. There are eight case registered against applicant and applicant has been enlarged on bail in three of the crime. Last bail order with respect to the applicant in Crime No. 27 of 2018 registered at Police Station – Kota, 3 District – Bilaspur (C.G.) is allowed on 06.01.2025 in M.Cr.C. No. 9020/2024.

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 since 16.03.2022, 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.

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 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 and in 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. 4

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