Facts
The applicant sought anticipatory bail regarding Crime No. 156/2025 involving allegations of a ₹7.40 crore investment fraud
Source reference: para. 1-2The prosecution alleged that the applicant and co-accused induced approximately 120 investors into share trading via a firm called "Sarvoham Academy," misappropriated funds, and issued dishonoured cheques
Source reference: para. 2The applicant contended he was merely a relative of the co-accused, ran an independent car wash business, and had no involvement in the financial firm or DEMAT accounts
Source reference: para. 3He further noted that the primary co-accused, Akash Singh, had already been granted regular bail by the Supreme Court
Source reference: para. 3Issues
Whether the applicant is entitled to the protection of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the nature of the allegations and the principle of parity with the co-accused
Source reference: para. 1, 6Law Applied
The court primarily applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the directions for grant of bail to persons apprehending arrest
Source reference: para. 1The court also applied the principle of parity, observing that the Supreme Court had granted regular bail to the co-accused, Akash Singh, in SLP(Cr.) No. 15531 of 2025
Source reference: para. 4, 6the court considered the Sections 318(4) (Cheating), 338 (Forgery/Valuable Security), and 61(2) (Criminal Conspiracy) of the Bhartiya Nyaya Sanhita (BNS) under which the FIR was registered
Source reference: para. 1Reasoning
The court evaluated the facts and circumstances, specifically noting the applicant's defense that he operated an independent business (A2S Workshop) unrelated to the alleged share trading fraud
Source reference: para. 3Highlighting the materials on record and the nature of the allegations, the court placed significant weight on the fact that the co-accused had already secured bail from the Apex Court
Source reference: para. 6The court reasoned that since the investigation and trial were likely to be protracted, and there was no immediate evidence of the applicant being a flight risk, the liberty of the individual should be preserved subject to stringent conditions to ensure cooperation with the legal process
Source reference: para. 6-7Holding
The High Court allowed the anticipatory bail application
The court held that in the event of arrest, the applicant shall be released on executing a personal bond and one surety, subject to conditions including non-inducement of witnesses, regular appearance before the trial court, submission of Aadhaar verification, and a prohibition against committing similar future offences
Source reference: para. 7Original Court PDF
NIKHIL PRATAP SINGH @ DHRUWvsSTATE OF CHHATTISGARH
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