Chattisgarh High Court
Harish Sharma vs State Of Chhattisgarh on 16 April, 2025
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2025:CGHC:17403
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2936 of 2025
1 - Harish Sharma S/o Ashok Sharma Aged About 36 Years R/o 96, Awas Colony,
Kala Peepal, Shajapur, District - Shajapur (M.P.), (Name Correctly Mentioned)
... Applicant
Versus
1 - State Of Chhattisgarh Through - Station House Officer, Police Station - City
Kotwali, District - Raigarh (C.G.)
... Respondent
For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate
For Respondent : Mr. Keshav Prasad Gupta, Government Advocate
SB: Hon’ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD
16/04/2025
1. Learned counsel for the Respondent/State submits that the case diary is
available.
2. With the consent of parties, case is heard finally.
3. 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
SHUBHAM
DEY offences punishable under Sections 420, 34 of the Indian Penal Code,
Digitally
signed by
SHUBHAM
1860 and under Section 6 & 10 of the Chhattisgarh Protection of
DEY
Depositors Interest Act, 2005.
4. Case of prosecution is that, the present applicant being former director of
Nirmal Infra Home Corporation Ltd. has accepted deposits from various
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customers and thereafter, did not return the amount as promised,
whereas the deposits were accpted under vaious recurring/fixed deposit
schemes, also in some cases under the bond scheme. The said
companies were not authorized by Security Exchange Board of India
(SEBI) and Reserve Bank of India (RBI) to conduct such business,
therefore, the offence has been committed under Sections 402, 34 of the
Indian Penal Code, 1860 and under Section 6 & 10 of the Chhattisgarh
Protection of Depositors Interest Act, 2005.
5. 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 one of the Directors,
but he is not involved in deceiving the investors, nor he has directly taken
any amount from any persons. It is further submitted that although 11
cases have been registered against the applicant in the State of
Chhattisgarh in which, charge-sheet has been filed. As per order dated
13.07.2022 passed by the Hon’ble Supreme Court in WPCR No. 40 of
2022, all 11 cases have been clubbed in the principal case which is
pending as Criminal Case No. 2 of 2020 (FIR No. 146/2017) before the
Court of Surajpur. He would further submit that in some of the cases
(Crime No. 42/2016, registered at Police Station – DD Nagar, Raipur), the
present applicant has already been granted bail by the Coordinate Bench
of this Court on 28.06.2022 in MCRC No. 3380 of 2022, copy of the said
order dated 28.06.2022 is annexed as Annexure A/5 in the present bail
application.
6. He further submits that the applicant has also been granted bail by the
Chief Judicial Magistrate in another similar case by order dated
25.07.2022, a copy of the order dated 25.07.2022 is annexed as
Annexure A/6 in the bail application. It is further submitted by the learned
counsel for the applicant that identically situated co-accused, namely,
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Abhishek Singh Chauhan has also been granted bail by the Coordinate
Bench of this Court vide order dated 04.10.2023, copy of the order dated
04.10.2023 is not annexed in the present bail application. It is further
submitted that the applicant is in jail since 21.05.2022. Though charge-
sheet has been filed, however, till date the charges have not been
framed. Thus, conclusion of trial is likely to take quite long time and
therefore, he prays for grant of regular bail to the applicant.
7. On the other hand, learned State counsel opposes the submission made
by the counsel for the applicant and would submit that the applicant being
Director of the aforesaid company have cheated the poor investors and
thereby, collected huge amount from them. It is further submitted that in
the State of Chhattisgarh, 11 cases have been registered against the
applicant. All the cases have been clubbed in pursuance of the order of
the Hon’ble Supreme Court dated 13.07.2022 with principal FIR/Criminal
Case pending in the Court of Surajpur. Therefore, looking to the nature
and gravity of the offence, the applicant does not deserves to be released
on bail.
8. I have heard learned counsel for the respective parties.
9. Taking into consideration, facts and circumstances of the case, nature of
allegations, submission of learned counsel for the respective parties,
particularly, taking into consideration the detention period of the applicant
and also considering the fact that despite filing of charge-sheet, till date
charges have not been framed and also considering the fact that some of
the cases (Crime No. 42/2016, registered at Police Station – DD Nagar,
Raipur), the present applicant has already been granted bail by the
Coordinate Bench of this Court on 28.06.2022 in MCRC No. 3380 of
2022 and the applicant has also been granted bail by the Chief Judicial
Magistrate in another similar case by order dated 25.07.2022 and the
identically situated co-accused, namely, Abhishek Singh Chauhan has
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also been granted bail by the Coordinate Bench of this Court vide order
dated 04.10.2023, without commenting anything on merits of the case, I
am inclined to allow this application for grant of bail.
10. 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 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.
11. 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