1 2025:CGHC:11420 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1890 of 2025 Rakesh Mandal S/o Shri Pulin Mandal Aged About 38 Years R/o Block 18/24, Mana Camp, PO Mana Camp, Tehsil And District - Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through S.H.O. Tikrapara, Raipur (C.G.) ... Non-applicant For Applicant : Mr. Sharad Prakash Yadav, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.03.2025 1. This is the first 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. 710/2024 registered at Police Station Tikrapara, District Raipur (C.G.), for the offences punishable under Sections 318(4), 336(3), 338, 61(2), 3(5) of the Indian Penal Code and Section 10 of the Chhattisgarh Protection of Depositors’ Interest Act, 2005. 2. The prosecution's story is that Anamika Vaishnav and Ramvati ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.11 10:52:59 +0530 2 Gupta filed a written complaint at the police station, alleging that Rakesh Mandal and his associate operated Aishini Homes Pvt. Ltd., a real estate company in Raipur. The complainants claimed they were enticed by promises of securing an RDA-allotted house in Kamal Vihar, Raipur, and deposited Rs. 47,00,000/- with the company. Despite repeated assurances, the accused failed to deliver the property or return the deposited funds, causing significant financial and emotional distress. Acting on the complaint, the police initiated an investigation and registered Crime No. 710/2024 against Rakesh Mandal and other co-accused under various sections of the Bhartiya Nagarik Suraksha Sanhita (BNS), 2023, and the Chhattisgarh Protection of Depositors' Interests Act, 2005. The prosecution alleges that the accused orchestrated a scheme to defraud innocent investors through false promises and misappropriation of funds for personal gain. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that other co-accused person, namely, Punit Singh in MCRC No. 8474 of 2024 vide order dated 13.02.2025 has already been granted regular bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge - sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Taking into consideration the facts and circumstances of the case that the other co-accused person, namely, Punit Singh in MCRC No. 8474 of 2024 vide order dated 13.02.2025 has already been granted regular bail by this Court, further, the charge - sheet has already been submitted in the present case before the competent Court and the applicant is in jail since 09.11.2024, conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Rakesh Mandal, involved in Crime No. 710/2024 registered at Police Station Tikrapara, District Raipur (C.G.), for the offences punishable under Sections 318(4), 336(3), 338, 61(2), 3(5) of the Indian Penal Code and Section 10 of the Chhattisgarh Protection of Depositors’ Interest Act, 2005, be released on bail on his furnishing 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 4 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 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek