1 2025:CGHC:15678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2604 of 2025 Devendra Kumar Kori S/o Bhaiyalal Aged About 29 Years Caste Bunkar R/o Village Anuppur Purani Basti Ward Number 15 Anuppur, District Anuppur (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Baikunthpur, District Koriya (C.G.) (District Mentioned In Impugned Order Is Wrong, Correct District Mentioned) ... Respondent(s) For Applicant(s) : Mr. Basant Kaiwartya alongwith Mr. Shyamta Prasad, Advocates. For Respondent(s) : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/04/2025 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, Sections 3 & 4 of Prize Cheat Fund Act and Sections 6 & 10 of the C.G. Protection of Investors Interests Act. 2. Case of the prosecution, in brief, is that a complaint has been filed alleging that Satin Credit Care Network Limited Company branch is in Baikunthpur, which gives loans, the then Branch Manager of the said company Om Prakash Singh alongwith other accused Sunita Sahu, Chaman Bhardwaj, Neelkamal, Sunil Sahu, 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 the same for themselves. On the complaint of the applicant Lal Das Singh, Regional Manager, Crime No. 320/2024 under the aforesaid sections has been registered and subsequently, applicant alongwith other co-accused persons were arrested. Hence, the bail application. 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 four of the identically situated co-accused persons, namely, Smt. Sunita , Sunil Sahu, Neelkamal and Chaman Bhardwaj have already been granted regular bail by this Court vide orders dated 21.01.2025, 06.03.2025, 10.03.2025 and 21.03.2025 in MCRC Nos.551/2025, 1809/2025, 1953/2025 and 2260/2025. The applicant is in jail since 22.11.2024, the applicant has no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, 3 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 the applicant alongwith other co-accused persons 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 the same for themselves, therefore, applicant 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 27.02.2025, the fact that though the applicant alongwith other co-accused persons 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 the same for themselves, but four of the co-accused persons, namely, Smt. Sunita , Sunil Sahu, Neelkamal and Chaman Bhardwaj have already been granted regular bail by this Court vide orders dated 21.01.2025, 06.03.2025, 10.03.2025 and 21.03.2025 in MCRC Nos.551/2025, 1809/2025, 1953/2025 and 2260/2025 and the case of present applicant is identical to that of the co-accused persons, further he has no criminal antecedents 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. 4 7. 4 7. Let the Applicant-Devendra Kumar Kori, involved in Crime No. 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, Sections 3 & 4 of Prize Cheat Fund Act and Sections 6 & 10 of the C.G. Protection of Investors Interests Act, be released on bail on his furnishing a personal bond with two local 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 5 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil