1 2025:CGHC:11815 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1923 of 2025 Najir Hussain S/o Mukhtar Ansari Aged About 34 Years R/o Village Sonpur, Chowki Basdei, District Surajpur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Surajpur, District Surajpur Chhattisgarh. ... Non-Applicant For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/03/2025 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. 558/2024 registered at Police Station- Surajpur, District- Surajpur (C.G.), for the offence punishable under Sections 420, 506, 34 of IPC and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005. 2. Case of the prosecution, in brief, is that the complainant lodged a written report before the Surajpur Police Station with the averment KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 that he had known Ashfaq Ullah, Jarifullah and Shahrukh Ansari for the last one year and in the month of June 2024, Ashfaq Ullah told him that his father Jarifullah works in the share market in Adani, who has good knowledge of the share market, who invests money in such a company that the money doubles in 35 days, but the applicant did not believe his words. After a week, Ashfaq Ullah came to his house with his father Jarifullah and Shahrukh and told him to give him Rs. 10,00,000/- and he would double the amount in 35 days. But even after that he did not believe their words. Then they said that if he did not believe their words, they would give him a cheque of Rs. 10,00,000/- in return. After this, Ashfaq Ullah gave him cheque No. 647941 of his account in Punjab National Bank, Baikunthpur for Rs. 10,00,000/-. Due to this, he came under the temptation of the accused and transferre Rs. 10,00,000/- kept for the purpose of marriage ceremony to the account of accused Ashfaq Ullah through RTGS. After which the accused left from there. After one month, when the complainant asked for the said amount from the accused, they started procrastinating by saying 'someday or tomorrow'. When he went to the house of the accused in August 2024 to ask for money, they abused him with obscene language against his mother and sister and threatened to kill him by crushing him in the car if he came to ask for the money. On the basis of the above report of the applicant, a crime was registered against the accused before the Police Station-Surajpur under Crime No. 558/2024, for offence under Sections 420, 506, 34 IPC and the case was taken into investigation. During the investigation, another 3 accused in the case, Ashfaq Ullah, was arrested and his memorandum statement was recorded, in which it was stated that he, along with his fellow co-accused, cheated crores of rupees by promising to double the money in 52-60 days and bought a car and bike for himself with the said money. During the investigation, the applicant/accused was taken into custody and interrogated and a memorandum statement was recorded, in which it was stated that he, along with another accused Ashfaq Ullah, cheated in the name of doubling the money and bought a Verna car and land for himself with the said money. During the investigation, seizure proceedings were conducted in respect of bank cheque, car, bike, mobile and other items from the applicant/accused and other accused persons and the aforesaid offence was registered against the applicant/accused and others. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant has not received any amount from any person by deceiving him/her, nor has he helped any other person to invest any amount, nor has he deposited any amount in a bank account or in cash from any person. He further submits that the co- accused has already been granted bail by this Court in MCRC No. 486/2025, vide order dated 12.02.2025 and the case of the applicant is identical to that of the co-accused Mirajuddin and so far as the criminal antecedents of the applicant is concerned, besides the present case, two cases have been pending against him out of which in one case, the applicant has granted bail by this Court in 4 MCRC No. 1861/2025 vide order dated 06.03.2025 and the applicant is in jail since 12.12.2024 and the conclusion of the trial is likely to take some time, therefore he prays for grant of bail to the applicant. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits the fact that the complainant was acquainted with accused persons namely Ashfaq Ullah, Zarifullah, and Shahrukh Ansari for over a year. In June 2024, Ashfaq Ullah convinced him to invest ₹10,00,000/-, promising to double the amount within 35 days. Despite initial skepticism, complainant eventually transferred the money to Ashfaq's account. When he demanded his money back, the accused threatened and abused him. During the investigation, Ashfaq Ullah was arrested and his statement revealed that he, along with his accomplices, had cheated people out of crores by promising to double their money within 52-60 days. The investigation also revealed that the involvement of the present applicant appears to be reasonable. Hence, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 12.12.2024 and further the fact that the co-accused has already been granted bail by this Court in MCRC No. 486/2025, vide order dated 12.02.2025 and the case of the applicant is identical to that of 5 the co-accused Mirajuddin and so far as the criminal antecedents of the applicant is concerned, besides the present case, two cases have been pending against him out of which in one case, the applicant has granted bail by this Court in MCRC No. 1861/2025 vide order dated 06.03.2025 and the conclusion of the trial is likely to take some time thus, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let the applicant – Najir Hussain, involved in Crime No. 558/2024 registered at Police Station- Surajpur, District- Surajpur (C.G.), for the offence punishable under Sections 420, 506, 34 of IPC and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005, 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 6 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 for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal