1 2025:CGHC:13704 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2260 of 2025 Chaman Bhardwaj S/o Munna Bhardwaj Aged About 28 Years Caste- Schedule Cast, R/o Vivek Nagar Colony, P. S. Chchai, District- Anuppur (M.P.). Permanent Address- Mulmula, P. S. Mulmula, Distt.- Janjgir- Champa (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- S.H.O., Police Station Baikunthpur, District- Koriya (C.G.) ... Respondent(s) For Applicant(s) : Mr. Tarun Dansena, Advocate. For Respondent(s) : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/03/2025 1. 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. 320/2024 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Baikunthpur, District- Koriya (C.G.) for the offence punishable under Sections 409, 420, 120-B, 467, 468, 471, 472, 473, 474, 475 of the Indian Penal Code and Section 3, 4 of Prize Chits and Money Circulation Scheme Act and Section 6, 10 of C.G. Nishchhepko Ke Hito Ka Sanrakshan Adhiniyam, 2005. 2. Case of the prosecution, in brief, is that Satin Credit Care Network Limited company branch is in Baikunthpur, which gives loan, the then Branch Manager of the said company along with other co accused by luring 478 women beneficiaries with the promise of giving them jobs in a Dona factory, sanctioned a loan of Rs. 1,92,46,000/- of the said beneficiaries and used it for themselves, on the complaint of Lal Das Singh, Regional Manager, offerice u/s 409, 420, 120 (B), 467, 468, 471, 472, 473, 474, 475, of I.P.C, 3, 4 of the Prize Chits and money Circulation Scheme (Banning) Act 1978 and Section 6, 10 of the Chhattisgarh Protection of Depositors Interest Act 2005, has been registered against the present applicant and the applicant has been arrested and he is in jail. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that two of the identically situated co-accused persons, namely, Sunil Sahu and Smt. Sunita have already been granted regular bail by this Court vide order dated 06.03.2025 and 21.01.2025 in MCRC Nos.1809/2025 and 551/2025, respectively. The applicant is in jail since 25.12.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. 3 Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that applicant alongwith other co- accused persons by luring 478 women beneficiaries with the promise of giving them jobs in Dona Factory, sanctioned a loan of Rs.1,92,46,000/- of the said beneficiaries and used the same for themselves, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 25.12.2024, the fact that applicant alongwith other co- accused persons by luring 478 women beneficiaries with the promise of giving them jobs in Dona Factory, sanctioned a loan of Rs.1,92,46,000/- of the said beneficiaries and used the same for themselves, but two of the co-accused persons, namely, Sunil Sahu and Smt. Sunita have already been granted regular bail by this Court vide order dated 06.03.2025 and 21.01.2025 in MCRC Nos.1809/2025 and 551/2025, respectively and the case of present applicant is identical to that of the co-accused persons, further applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Chaman Bhardwaj, involved in Crime No. 4 320/2024 registered at Police Station Baikunthpur, District- Koriya (C.G.) for the offence punishable under Sections 409, 420, 120-B, 467, 468, 471, 472, 473, 474, 475 of the Indian Penal Code and Section 3, 4 of Prize Chits and Money Circulation Scheme Act and Section 6, 10 of C.G. Nishchhepko Ke Hito Ka Sanrakshan Adhiniyam, 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 of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion 5 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil