The court held that an applicant not named in the FIR and implicated solely through uncorroborated memorandum statements of co-accused is entitled to bail, especially when parity is established with other co-accused already released and the investigation is complete.

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. 378/2025 registered at Police Station Kasdol, District-Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 318(4), 316(5), 318(3), 111 and 3(5) of BNS.

2. As per the case of the prosecution, a written complaint was made by one Gopal Prasad Dewangan, inter alia alleging that on 25.08.2023, Ramnarayan Sahu and Gulshan Sahu, residents of Mahakam, came to the shop of the complainant and requested him to install a steel railing at their house. Accordingly, on the next day, the complainant went to their house and installed the railing. Thereafter, on 29.08.2023 at about 11:00 AM, the applicant went to the house of Ramnarayan Sahu in village Mahakam for the purpose of installing a steel railing and received payment for the said work. At that time, Ramnarayan Sahu, Gulshan Sahu, and Kusum Rani Sahu, who were present there, discussed with the complainant about doubling money through share market trading. It is further alleged that on 02.09.2023, by deceiving the complainant with the promise of doubling his money, they induced him to pay a sum of Rs. 5,25,000/- in cash to Gulshan Sahu, assuring that the amount would be doubled within two years. Subsequently, on 04.09.2023, Ramnarayan Sahu and Gulshan Sahu visited the complainant’s shop in a car and again assured him of doubling his investment through share market trading. The accused persons further induced the complainant to transfer money through cash, PhonePe, and IMPS to Gopal Prasad Sahu, as a result of which the total amount invested reached Rs. 19,43,000/-. Further, a friend of the complainant, namely Rajesh Kumar Dewangan, resident of Katgi, also transferred Rs. 5,50,000/- to the account of Gopal Sahu and paid Rs. 8,00,000/- in cash to Ramnarayan Sahu, Gulshan Sahu, and Tuleshwar Sahu. Additionally, Rs. 94,000/- was transferred online by Anil Kumar Prajapati to the account of Rupesh Kumar Sahu, resident of Mahakam. The complainant also paid Rs. 1,50,000/- in cash and Rs. 5,45,000/- online to Gopal Prasad Sahu, resident of Deradih. In this manner, Ramnarayan Sahu, Gulshan Sahu, Kusum Rani Sahu, Gopal Prasad Sahu, Rupesh Sahu, and Tuleshwar Sahu, in furtherance of their common intention, fraudulently induced the complainant and other persons to invest money on the false promise of doubling the amount within two years, thereby cheating them and dishonestly obtaining a total sum of Rs. 40,82,000/-. On the basis of the aforesaid allegations, a case was registered against the accused persons under Sections 420 and 34 of the IPC, vide Crime No. 378/2025, and the matter was taken up for investigation. During the course of investigation, statements of the complainant and other witnesses were recorded, and details of the bank accounts of the accused persons and the witnesses were obtained. Section 111 of the B.N.S. was subsequently added, as the accused persons were found to have fraudulently induced people to invest money by posing as traders and promising high returns in the share market.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that from a bare perusal of the provisions of the Bharatiya Nyaya Sanhita, 2023 invoked in the present case, as well as the FIR lodged by the prosecution, it is evident that there is no material on record to establish the essentia