1 2025:CGHC:17210 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1699 of 2025 Girish Jolhe S/o Shri Hemlal Jolhe Aged About 34 Years R/o Village- Hirri, P.S. Sarangarh Distt. Sarangarh Bilaigarh (C.G.) ...Applicant versus State Of Chhattisgarh Through Police Station- City Kotwali, Sarangarh, Distt. Sarangarh Bilaigarh (CG) ... Respondent For applicant : Shri M.K. Sinha, Advocate. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 74/2025 registered at Police Station City Kotwali, Sarangarh, Distt. Sarangarh Bilaigarh (CG.) for the offence punishable under Section 420/34 of IPC. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.21 11:19:01 +0530 2 3. Case of the prosecution, is that the applicant working as a computer operator under the main accused Shyam Sundar Jangde. Co-accused Shyam Sundar Jandge and his brother Harish Chandra Jangde has opened ofÏce named and style Loan Lender and letter of authorization has been issued by the private company Hoogmatic Advisory Private Limited. One consent letter has been executed by the complainant Rohit Kumar Nirala with the co-accused Shyam Sundar Jangde stating that the complainant has advanced and taken loan amount of Rs. 1,01,90,000/- from State Bank of India branch Sarangarh from his account. It is further stated that the complainant has given and transferred the amount of Rs.50,95,500/- to the co-accused Shayam Sundar Jangde in his account with RTGS on 14.10.2023. It is agreed that the co-accused Shyam Sundar Jandge will pay the installment of loan amount with interest to the Bank till finalization of loan amount and there is consent with the complainant. The present applicant has been made witness to the consent letters. Thereafter, the co-accused Shyam Sundar Jandge as per agreement and consent letters, made payment of the Bank Installments and deposited the loan amount in the bank on behalf of complainant. It is allegations by the complainant that the co-accused Shyam Sundar Jangde is now not paying the installment amount to the Bank and the same is being deducted from the salary of the complainant. The complainant made contact with the co-accused Shyam Sunder and requested to pay the amount but he denied paying the bank installment. Thereafter on 08.01.2025 the complainant Rohit Kumar Nirala and others made written complaint to the police station Sarangarh stating that he is working under the Education Department and posted as Head Master in the govt. Primary School Hirri, Block -Sarangarh Distt. Sarangarh Bilaigarh. It is stated that co-accused Shyam Sundar Jandge contacted 3 him regarding to provide loan. Since he required loan for purchase of land and construction of house, he and one Devprakash Jolhe went to the ofÏce co-accused Shyam Sundar Jangde and his brother Harish Chandra Jangde. It is stated that on the instruction of co-accused Shyam Sundar Jangde, all the required documents bank statements, salary Slip, Adhar Card, PAN Card Bank Passbook and other documents were submitted to the present applicant. Thereafter the loan amount of Rs. 19,90,9000/-was sanctioned. Thereafter another loan amount of Rs.15,00,000/- was sanctioned from SBI Bank branch Pusour and the complainant has paid Rs.75,000/- to one Chandan Kumar, field OfÏcer as commission amount. It is alleged that the co-accused Shyam Sundar has advanced loan amount from the other banks also and total amount is Rs. 1,01,90,000/- has been sanctioned in the name of the complainant. It requested to the police that the complainant has been cheated as the co- accused has not paid the loan amount and requested to take action and registered FIR against the co-accused Shyam Sundar Jandge, Gopal Prasad Jandge, Harish Chandra Jandge and Sujata Jandge. There is no report against the present applicant. First Information Report has been registered by the Police Station City Kotwali, Sarangarh Distt. Sarangarh Bilaigarh against the accused persons. The offence under section 420/34 IPC has been registered by the Police. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case and there is no criminal case against him. He is working as computer operator under the main accused Shyam Sundar Jangde. He would submit that the name of the applicant has not been mentioned in the FIR and on the basis of memorandum statement of co-accused; he has been implicated in the case. He would submit that on 14.10.2023 one consent letter has been executed by complainant 4 Rohit Kumar Nirala with the co-accused Shyam Sundar Jangde stating that the complainant has advanced and taken loan amount of Rs.1,01,90,000/-from State Bank of India branch Sarangarh from his account. It is further stated that the complainant has given and transferred the amount of Rs.50,95,500/- to the co-accused Shayam Sundar Jangde in his account with RTGS on 14.10.2023. It is agreed that the co-accused Shyam Sundar Jandge will pay the installment of loan amount with interest to the Bank till finalization of loan amount and there is consent with the complainant. The present applicant has been made witness to the consent letters. He would submit that the complainant has received the amount in his account itself as loan amount from the concerned Bank and the present applicant has not misused the amount as alleged by the prosecution. As alleged the amount of Rs. 1,01,90,000/-/-has not been received by the present applicant. He would submit that co-accused Shyam Sundar Jandge as per agreement and consent letters, made payment of the Bank Installments and deposited the loan amount in the bank on behalf of complainant. The complainant made contact with the co-accused Shyam Sunder and requested to pay the amount but he denied paying the bank installment. He would submit that the complainant has not made report against the present applicant. He would submit that the complainant has been cheated as the co- accused has not paid the loan amount and requested to take action and registered FIR against the co-accused Shyam Sundar Jandge, Gopal Prasad Jandge, Harish Chandra Jandge and Sujata Jandge. There is no report against the present applicant. He would submit that the applicant is in jail since 14.02.2025 and charge sheet has been filed and the trial will take long time for its conclusion, hence, he prays for grant of regular bail to the applicant. 5 5. On the other hand, learned State Counsel opposes the prayer for grant of bail to the applicant. He would submit that there is no criminal record against the present applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, also considering the fact that the applicant as a witness has only signed in the consent letter executed by the complainant Rohit Kumar Nirala with the co-accused Shyam Sundar Jangde, period of detention of the applicant since 14/02/2025, there is no criminal record against the applicant, further the charge-sheet has been filed in the present case which is taken on record and the trial will take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant – Girish Jolhe, involved in Crime No.74/2025 registered at Police Station City Kotwali, Sarangarh, Distt. Sarangarh Bilaigarh (CG.) for the offence punishable under Section 420/34 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 6 trial court on each date fixed, either personally or through his counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS is issued and the applicant fail 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 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 copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri