Facts
The applicant, Ravishanker Gandharv, filed his first bail application following his arrest on November 28, 2025, in connection with Crime No. 489/2025.
Source reference: p.1, 3The prosecution alleged that the applicant and his family members induced the complainant to invest Rs. 29,63,500/- in a fraudulent Maruti Suzuki investment scheme, promising doubled returns and bonuses.
Source reference: p.2While approximately Rs. 4,00,000/- was returned, the complainant alleged the accused later stopped payments and avoided contact.
Source reference: p.2The FIR was registered under Sections 318(4) (cheating) and 3(5) (common intention) of the Bhartiya Nyaya Sanhita (BNS), 2023.
Source reference: p.1, 2The applicant contended he was falsely implicated and noted a three-year delay in filing the FIR.
Source reference: p.3Issues
1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the allegations and his period of incarceration.
Source reference: p.1, 3Law Applied
Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the power of the High Court to grant bail.
Source reference: p.1Sections 318(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 (BNS), concerning cheating and acts done by several persons in furtherance of common intention.
Source reference: p.1, 3Section 269 (non-attendance), Section 84 (proclamation for person absconding), Section 209 (failure to appear), and Section 351 (recording of statement) of the BNS/BNSS to impose bail conditions.
Source reference: p.4Reasoning
The Court balanced the gravity of the economic offence against the applicant's personal liberty and procedural status. It noted that the applicant has no prior criminal antecedents.
Source reference: p.3, 3Although the State counsel initially claimed the charge-sheet had not been submitted, the Court verified that the charge-sheet had indeed been filed and taken on record.
Source reference: p.3The Court observed that the applicant had been in custody since November 28, 2025, and reasoned that since the trial is likely to consume considerable time, further pretrial detention was not warranted.
Source reference: p.3The court determined that the applicant's clean record and the completion of the investigation (filing of the charge-sheet) justified his release on bail subject to strict conditions to ensure his appearance.
Source reference: p.4Holding
The holding answered the issue in the affirmative, granting relief based on the lack of criminal history and the progression of the trial.
The Court allowed the bail application and ordered the release of the applicant on a personal bond with two sureties, subject to specific conditions including mandatory presence for framing of charges and recording of statements.
Source reference: p.3-4Original Court PDF
RAVISHANKER GANDHARVvsSTATE OF CHHATTISGARH
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