Hirdesh Tomar vs. State Of Chhattisgarh

Facts

This case involves an anticipatory bail application filed by Hirdesh Tomar, Director of RIL (Resolve Improve Life) India Marketing Pvt. Ltd./Weiconic Pvt. Ltd. The applicant apprehends arrest in connection with a crime registered for offences under Sections 318(4) & 3(5) of the Bhartiya Nagarik Suraksha Sanhita, 2023. The prosecution alleges that the applicant and co-accused induced the complainant and others to deposit Rs.1,02,480/- for appointment as Members/Salesmen/Agents, promising a salary of Rs.22,000 per month along with food and residence. The complainant paid Rs.44,880/- believing the representation. When promised facilities and salary were not provided, and vague replies were given regarding company registration and GST number, the complainant realized they were cheated. The applicant claims innocence, stating he authorized co-accused to manage business and that the complainant voluntarily joined as an independent business owner, agreeing to terms of product purchase and sale for commission, not salary. He asserts that invoices with GST numbers were issued and that he cooperated with the investigation.

Held

The Court granted anticipatory bail to the applicant, Hirdesh Tomar. The decision was based on considering the overall facts and circumstances, the submissions of both parties, the nature of the dispute, and the materials on record. Crucially, the Court noted that the main accused persons, who were primarily responsible for the alleged offence, were already in jail. Without commenting further on the merits of the case, the Court found it appropriate to grant anticipatory bail. The applicant was directed to execute a personal bond and furnish one surety to the satisfaction of the arresting officer. Specific conditions were imposed, including not inducing or threatening witnesses, not acting prejudicially to the trial, appearing before the trial court on each date, submitting identity documents for verification, and not involving himself in similar offences in the future.

Key Issues

1. Whether the applicant is entitled to anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the allegations of cheating and fraud related to employment in a private company. Petitioner's Arguments: The applicant contends he is innocent and falsely implicated. He claims he never met the complainant and merely authorized co-accused to manage the company's day-to-day business. He argues that the complainant and others voluntarily entered into a Direct Seller Contract, agreeing to purchase and sell company products for commission, not salary, and received products against payment, with invoices containing the company's GST number. He also states that the main accused are already in jail and he has cooperated with the investigation. Revenue/State's Arguments: The learned State counsel opposes the bail application.