1 2025:CGHC:12089 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2001 of 2025 Najir Hussain S/o Mukhtar Ansari Aged About 34 Years R/o Village Sonpur, Chowki Basdei, District- Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Surajpur, District- Surajpur (C.G.) ... Non-Applicant For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/03/2025 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. 651/2024 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 present applicant along with other co-accused came to the complainant and told him that KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 they have a business, in which the money will double in 60 days, complainant gave 35,00,000/- on Februrary 2024 and 14,00,000/- in cash on 07.09.2024 out of which 3,00,000/- was returned to him. Cheque of 10,00,000/- and 2,00,000/- were issued in favor of complainant which was dishonour due to insufÏcient balance. therefore, the offence has been registered against the applicant for offence under Section 420, 506, 34 of Indian Penal Code and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005. 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. 504/2025, 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 registered against him for similar offence and he has been granted bail in both the cases, being MCRC No. 1861/2025, vide order dated 06.03.2025 and MCRC No. 1923/2025, vide order dated 10.03.2025 and the applicant is in jail since 24.12.2024 and the conclusion of the trial is likely to take some time, therefore he prays for grant of bail to the applicant. 3 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits the fact that the case of the present applicant is distinguishable from that case of other co-accused, who are the main accused, committed crime in question namely Ashfaq Ullah, Jarifullah and Shahrukh Ansari and the allegation against the present applicant is that he is a collection agent and has collected the money. Accordingly, 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 24.12.2024 and further the fact that the co-accused has already been granted bail by this Court in MCRC No. 504/2025, 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 registered against him for similar offence and he has been granted bail in both the cases, being MCRC No. 1861/2025, vide order dated 06.03.2025 and MCRC No. 1923/2025, vide order dated 10.03.2025 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 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. 651/2024 registered at Police Station- Surajpur, District- Surajpur (C.G.), for 4 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 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 5 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