NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3229 of 2023 • Aditya Vyas S/o Late Raghvendra Vyas Aged About 37 Years R/o Avanti Vihar, Shankar Nagar, Raipur, District : Raipur, Chhattisgarh --- Applicant.

Versus • State Of Chhattisgarh Through The Police Station Maudhapara, Raipur (C.G.) --- Respondent With MCRC No. 3616 of 2023 • Aakash Jha S/o Shri Diwakar Jha Aged About 30 Years R/o Lahiri Gaon, Dwaraka, Sector -17, Delhi --- Petitioner Versus • State Of Chhattisgarh Through Police Station, Moudhapara, District :

Raipur, Chhattisgarh --- Respondent CAUSE TITLE TAKEN FROM CIS PERIPHERY -----------------------------------------------------------------------------------------------

For Applicant : Mr. Ankur Agrawal and Mr.

Pragalbha Sharma, Advocates For Respondent/State : Mr. B. P. Banjare, Dy. GA.

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Hon'ble Shri Justice Deepak Kumar Tiwari

Order On Board

04.07.2023

1. These applications under Section 439 Cr.P.C. for grant of bail has been filed by the accused/applicants who are languishing in jail since 07.04.2023 and 06.04.2023, respectively, in connection with Crime No.71/2023 registered at Police Station Maudhapara, Raipur for the offence punishable under Sections

420 & 120-B of IPC.

2 Prosecution case, in brief, is that the complainant Koloru Shriram lodged an FIR to the effect that his Company being Primewell Technology Pvt. Ltd. is registered under the Companies Act and doing work of sell and purchase of digital currency. On 22.02.2023 applicant Akash Jha called him through mobile and made a demand for digital currency of 28,327 USDT which comes to Rs.25,06,940/- in the Indian currency. Thereafter, applicant Akash introduced the complainant with applicant Aditya Vyas through conference call. Thereafter, Aditya Vyas came to his office for purchasing USDT and told him that the said USDT has to be purchased by Shailesh Patel. Later on, some negotiation took place between the complainant and both applicants through mobile and complainant transferred the money by way of digital currency (USDT) to the address provided by the applicants for payment of Rs.25,06,940/-. However, after sometime, the applicants have switched off their phone and did not paid him the said money. Thereby, the applicants cheated the complainant.

3. Learned counsel for the applicants submit that the accused/applicants are innocent and have been roped in a false case. They also submits that applicants are doing work for incentive and applicant Aditya is doing investment business in Chhattisgarh whereas Akash is doing business in Delhi. They also submit that applicants were assured by the Shailesh Patel that they will get incentive of Rs.45,000/- and Rs.30,000/- respectively and they were not aware of the fact that digital currency will not convert to the Indian currency. Therefore, they have not cheated the applicant. They also submit that charge- sheet has been filed and final conclusion of the trial is likely to take some more time therefore, they may be released on bail. Learned counsel also submit that the applicants would abide all terms and conditions imposed on them while granting bail.

4. Per contra, learned State counsel opposes the bail application.

5. Having considered the submission of learned counsel for the parties and considering the facts and circumstances of the case, further considering the quality of evidence, nature of dispute and period of pretrial detention of the applicants, I deem it appropriate to release the applicants on bail.

6. Accordingly, the application is allowed and it is directed that on each applicant furnishing a personal bond in the sum of Rs.1,00,000/- (One Lac) with two sureties for the like sum to the satisfaction of the concerned Court, they shall be released on bail on the following conditions:-

(a) they shall not act in any manner which will be prejudicial to fair and expeditious trial, (b) they shall appear before th