Regular bail may be granted where the charge-sheet is filed, the accused has no criminal antecedents, the evidence is primarily documentary, and the trial is expected to take significant time, regardless of the nature of the financial allegations.

Order on Board

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 395/2025 registered at Police Station- Jagdalpur, District- Bastar, (C.G.) for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023.

2. The prosecution story, in brief, is that the applicant, a government teacher, was engaged in investing money in the share market and, in the course thereof, approached the complainant, who is also a teacher in the same department, and induced him to invest in the said scheme. On such representation, the complainant allegedly paid a total sum of Rs. 1,50,000/- to the applicant in different installments. It is alleged that the complainant received certain returns/interest on the said amount for one month; however, thereafter neither any further interest nor the principal amount was returned. The alleged transaction pertains to the year 2023, and subsequently the complainant lodged a report, on the basis of which the FIR came to be registered and the applicant was arrested. During the course of hearing, it has also come on record that other persons had similarly invested money in the share market through the applicant. Hence, the present bail application.

RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any offence as alleged. It is contended that the applicant, being a government teacher, had himself invested his own money in the share market and had initially received returns for a few months, however, thereafter even his invested amount was not returned, and thus he himself is a victim of the circumstances. It is further submitted that the applicant never induced or allured the complainant or any other person to invest money, rather, it was the complainant and others who, on their own volition, sought information and guidance regarding share market investments and voluntarily entrusted their money for the purpose of investment. It is also urged that the learned trial Court failed to properly appreciate the material on record and that the prosecution has failed to establish the essential ingredients of the alleged offences against the applicant. He further submits that the applicant has no criminal antecedents and has never been involved in any offence, the charge-sheet has been filed, he is in jail since 29.09.2025, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed before the competent Court. She further submits that the applicant, being a government teacher, abused the trust of the complainant and other persons by inducing them to invest money in the share market on false assurances of high returns, and thereafter failed to return the principal amount after initially paying interest for a short period. It is further contended that the offence pertains to the year 2023 and involves cheating of multiple investors, and therefore, considering the gravity of the offence and the possibility of influencing witnesses, the applicant is not entitled to the benefit of bail.

5. I have heard learned co