Nirajan Saxena Vs State of Chhattisgarh

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Page No. 1 of 3

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2025:CGHC:45474

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 5739 of 2025

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1 - Nirajan Saxena S/o Ashok Saxena Aged About 40 Years R/o House No. B-4, Near Gangotri Dhaba, Modern House Building Society, Barkhedi Kala, Police Station - Barkhedi Kala, Bhopal (M.P.)

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.. Applicant

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versus

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1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Tilda Newra, District - Raipur (C.G.)

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... Respondent

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For Applicant : Ms. Priya Kaiwart, Advocate For State : Mr. Kishan Lal Sahu, Dy. Government Advocate

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Hon'ble Shri Justice Narendra Kumar Vyas Order on Board

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08.09.2025

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This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested on 06.04.2022 in connection with Crime No. 176/2017 registered at Police Station- Tilda Newra, DistrictRaipur (C.G.), for the offences punishable under Sections 420, 409, 34 of IPC and Sections 4, 5 and 6 of Price Chit Fund and Money Circulation Scheme (Banning) Act, 1978 and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005.

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The case of the prosecution in brief is that the applicant, as the Formal Director of Nirmal Infra Home Corporation Limited, accepted deposits from various customers under recurring/fixed deposit schemes and bond schemes, but failed to return the amounts as promised. Since the company was not authorized by the Securities and Exchange Board of

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Digitally signed by BHUMIKA BHUMIKA ANGARE ANGARE Date: 2025.09.09 11:24:42 +0530

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Page No. 2 of 3

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India (SEBI) or the Reserve Bank of India (RBI) to conduct such business, offences were committed under Sections 420, 409, and 34 of the Indian Penal Code, Sections 4, 5, and 6 of the Prize Chit Funds and Money Circulation Schemes (Banning) Act, 1978, and Section 10 of the Chhattisgarh Protection of Depositors' Interest Act, 2005.

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Learned counsel for the applicant would submit that the applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that co-accused person namely Ashish Singh Chauhan, has already granted bail by this Court vide order dated 18.07.2025 in MCRC No. 3707/2025. He would further submit that applicant’s brother Anand Saxena and his family members are residing at House No. K-5, Tilak Nagar II, Barkhedi Kala, Bhopal (MP). He would further submit that if bail is granted to the applicant by this Court, he will also reside in the same house with his family and if their address will be changed, the same shall be informed by the applicant. He would further submit that the applicant is in jail since 06.04.2022 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant.

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On the other hand, learned State counsel opposing the bail application would submit that there is sufficient material on record to show involvement of the applicant in the crime in question and would pray for rejection of the bail application.

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I have heard learned counsel for the parties and perused the case diary.

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Considering the fact that co-accused namely Ashish Singh Chauhan has already been granted bail by this Court vide order dated

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Page No. 3 of 3

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18.07.2025 in MCRC No. 3707/2025, the applicant is in jail since 06.04.2022, looking to the period of detention of the present applicant, this Court is of the view that the present applicant is entitled to be released on bail in this case.

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Accordingly, the bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial court. He shall appear before the trial court on each and every date given by the said trial court, till disposal of the trial.

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This Court has directed the appellant to furnish the address where he will live if he is released in bail. In pursuance of direction given by this Court, brother of the appellant has filed an affidavit wherein he has mentioned that the applicant, if released shall live with him in the following address:-

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“House No. K-5, Tilak Nagar II, Barkhedi Kala, Bhopal (MP)”

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Thus, the appellant is directed to intimate the address mentioned before this Court to the trial Court and if there is change in address, he shall duly communicate to the concerned trial Court along with documents before it. If the applicant is unable to inform about his residential address or change in residential address before the trial Court, the trial Court is at liberty to proceed for cancellation of bail granted to the applicant, in accordance with law.

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Certified copy as per rules.

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Sd/(Narendra Kumar Vyas) Judge

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Bhumika

Nirajan Saxena v. State of Chhattisgarh

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Nirajan Saxena v. State of Chhattisgarh

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