Order on Board

1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 456/2022 registered at Police Station – Mohan Nagar, District- Durg (C.G.) for the offence punishable under Sections 120-B, 34, 406, 409 & 420 of the IPC.

2. The prosecution case, in brief, is that the complainant Praveen Rai lodged a report at Police Station- Mohan Nagar stating that he is the younger brother of Sunil Raj Dayal, Director of Orbit Electromech India Pvt. Ltd., and that the accused persons namely Manikant, Sushma, and Anand approached their residence and entered into discussions regarding scrap business transactions with his elder brother, wherein they represented themselves as brokers for several companies and agreed to conduct business on agreed terms including a commission of 0.5% on profits. It is alleged that during the COVID-19 period, acting upon such representations, a total sum of Rs.3,29,24,000/- was entrusted to the accused persons for the purpose of clearing outstanding dues of various companies, out of which Rs.1,37,34,000/- was transferred through banking channels and the remaining amount was paid in cash, however, despite receipt of the said amount, the accused persons neither returned the money nor discharged the liabilities towards the companies or the complainant and his brother, thereby committing breach of trust and cheating. On the basis of the written complaint submitted by Praveen Rai, a case has been registered against the accused persons under Sections 409, 420, 120-B and 34 of the Indian Penal Code, and the investigation is presently underway.

3. Learned counsel for the applicants submits that the allegations levelled in the FIR are wholly false, frivolous, and baseless, having been concocted with an oblique motive to harass and extort money from the applicants. It is submitted that the complainant Praveen Rai, along with his brothers Anil Rai and Sunil Rai, has in fact orchestrated a series of fraudulent schemes and has duped several persons, including the present applicants, under the guise of business transactions. Learned counsel submits that the complainant and his brothers are habitual offenders with multiple criminal antecedents across various States, facing several FIRs and complaint cases involving offences of cheating, criminal breach of trust, forgery, and conspiracy involving huge financial amounts. It is further pointed out that even in an earlier FIR lodged by the complainant, the police, after due investigation, submitted a closure report holding the allegations to be false, thereby seriously affecting the credibility of the present prosecution and indicating a pattern of misuse of criminal law as a tool of coercion.

4. It is further submitted that the true facts are entirely contrary to the prosecution version and reveal that the applicants themselves are victims of fraud committed by the complainant and his family members. The applicants had developed business relations with the complainant and his brothers, who projected themselves as reputed businessmen and directors of Orbit Electromech India Pvt. Ltd., and induced the applicants and their associates to invest substantial amounts in their business ventures, including transactions relating to the iron trade and a high-value medical tender. Acting upon such inducement, the applicants not only facilitated investments from third parties but also invested their own funds to the tune of Rs.52,00,000/- and earned commission through legitimate banking channels, which is duly supported by documentary evidence such as bank statements and cheques placed on record. Initially, certain payments were made to gain confidence. However, subsequently, the complainant and his brothers defaulted in repayment, failed to honour their commitments, and even furnished forged documents in relation to the tender, thereby cheatin