1 2025:CGHC:13410 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2241 of 2025 Mahbub Ansari S/o Mohd. Safique Ansari Aged About 36 Years R/o Village Sonpur Out Post Basdei Police Station Surajpur Tahsil Bhaiyathan District- Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police of Police Station Surajpur District - Surajpur (C.G.) ... Non-applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. Non-applicant/State : Mr. U.K.S. Chandel, Dy. Adv. Genera. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.03.2025 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 offences punishable under Sections 420, 506 read with Section 34 Indian Penal Code and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005. 2. According to the prosecution's case, the complainant, Farhat Naz, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.22 10:37:45 +0530 2 filed a report at the Surajpur Police Station, alleging that Ashfaq Ulla, Jarifullah, and Shahrukh Ansari approached her with a business investment opportunity, promising to double her investment in 60 days. The complainant invested Rs. 35 lakhs in February 2024 and an additional Rs. 14 lakhs in cash on 07.09.2024. However, only Rs. 3 lakhs was returned to her. The accused individuals also issued cheques worth Rs. 10 lakhs and Rs. 2 lakhs in favor of the complainant, which were dishonored due to insufÏcient funds. Consequently, the complainant lodged a report with the Surajpur Police Station, leading to the registration of alleged offenses against the applicants and other co-accused persons. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that other co-accused person, namely, Mirajuddin, Wasim Akram and Najir Hussain have been granted bail by this Hon’ble Court in MCRC No. 504/2025, MCRC No. 1869/2025 and MCRC No. 2001/2025 vide orders dated 12.02.2025, 06.03.2025 and 11.03.2025 respectively. 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 diary. 6. Taking into consideration the facts and circumstances of the case that 3 the other co-accused person, namely, Mirajuddin, Wasim Akram and Najir Hussain have been granted bail by this Hon’ble Court in MCRC No. 504/2025, MCRC No. 1869/2025 and MCRC No. 2001/2025 vide orders dated 12.02.2025, 06.03.2025 and 11.03.2025 respectively, further, the charge - sheet has already been submitted in the present case before the competent Court and the applicant is in jail since 19.01.2025, 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 – Mahbub Ansari, involved in Crime No. 651/2024 registered at Police Station Surajpur, District Surajpur (C.G.), for the offences punishable under Sections 420, 506 read with Section 34 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 his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (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