1 2025:CGHC:10310 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1658 of 2025 Sunil Kushwaha S/o Ramkaran Kushwaha Aged About 36 Years R/o Babbu Plot, Prem Nagar Mova, Police Station- Pandri, District - Raipur (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through - The Station House OfÏcer, Police Station- New Rajendra Nagar, District - Raipur (Chhattisgarh) ... Non-Applicant For Applicant : Mr. Siddhant Tiwari, Advocate For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/03/2025 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 238/2024 registered at Police Station- New Rajendra Nagar, District- Raipur (C.G.), for the offence punishable under Sections 420, 120(B) and read with Section 34 of IPC. 2. The earlier bail application of the applicant has already been rejected by this Court being MCRC No. 5631/2024 vide order dated KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 08.08.2024 on merits. Hence, this second bail application. 3. Prosecution case in brief is that on the basis of written complaint given by namely "Satrughan Lal Jaiswal" that about three years ago while selling a house, he met with the present applicant where the applicant gave him a commission of Rs. 10,000/- Since then they were in contact and subsequently when the complainant was in need of money the applicant called the complainant near Progressive Point and took a photocopy of his credential documents (PAN card, Aadhar Card, two passport size photo) and was also made to sign on the bank application forms and gave him Rs. 5,000/- on 23.05.2024 it came to the knowledge of the complainant that the applicant has opened his bank account from the document and making transactions regarding cricket betting from the said bank account and defrauded the complainant, on the basis of complaint made by the complainant namely "Satrughan Lal Jaiswal" the F.I.R. was lodged against the present applicant and in the due course of investigation the applicant was arrested. 4. Learned counsel for the applicant submits that the earlier bail application of the applicant was already rejected by this Court being MCRC No. 5631/2024 vide order dated 08.08.2024 on merits, hence this second bail application and the new ground for filing of the same is that in the present case there are total 24 prosecution witnesses to be examined by the prosecution but till date only 10 witnesses have been examined and subsequently would take long time to be examine remaining witnesses and the applicant is in jail since 24.05.2024. He further submits that the co-accused namely 3 Nikhil Ahuja has already been granted bail by this Court in MCRC No.1515/2025 vide order dated 21.02.2025 and the case of the present applicant is similar to that of co-accused, who has been granted second bail by this Court and the conclusion of the trials is likely to take some time therefore, he prays for grant of bail to the applicant on the ground of parity. 5. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits the fact that the first bail application of the applicant has already been rejected by this Court being MCRC No. 5631/2024 vide order dated 08.08.2024 on merits. Accordingly, the present applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 24.05.2024 and the recovery made from the applicant and further the fact that the co-accused namely Nikhil Ahuja has already been granted second bail by this Court being MCRC No.1515/2025 vide order dated 21.02.2025 and in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take some time, therefore this Court is of the view that the present applicant is entitled to be released on bail. 8. Let the applicant – Sunil Kushwaha, involved in Crime No. 238/2024 registered at Police Station- New Rajendra Nagar, District- Raipur (C.G.), for the offence punishable under Sections 4 420, 120(B) and read with Section 34 of IPC, be released on bail on his furnishing a personal bond with two sureties, in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of 5 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal