1 2025:CGHC:16909 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2858 of 2025 Sharadchand Sharma S/o Shri Ripudman Sharma Aged About 50 Years R/o Wood Island Colony, P.S. Amleshwar, District Durg, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Rajim, District Gariyaband, Chhattisgarh. ... Respondent For applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 408/2024 registered at Police Station Rajim, Gariyaband (C.G.) for the offence punishable under Sections 420, 409, 120B & 34 of I.P.C. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.17 11:19:18 +0530 2 3. Case of the prosecution, in brief, is that the complainant Santosh Dewangan lodged a written complaint against accused persons, Raja Ram Tarak, Kamlesh Kumar Sahu, Yashwant Kumar Nag, and present applicant, that they had created fake company namely Trade Expo' and promoted the company through YouTube channel and zoom app and in the name of offering daily profit in percentage cheated the complainant and others with around Rs. 4,83,30,000/- (Four Crore, Eighty Three Lac, Thirty Thousands). Hence the F.I.R. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He would submit that the applicant has been made accused only on the basis of memorandum of the co-accused persons. He would submit that applicant is also one of the victims of the company who himself have invested on the company. Pursuant to that the co-accused persons have lodged complaint against the company. He would submit that the main accused persons Arun Kumar Dwivedi and Abhishek Singh had introduced him with the scheme as such he had no role to play in commission of the alleged offence. He would further submit that the co-accused persons namely Yashwant Kumar Nag & Kamlesh Kumar Sahu have been granted regular bail by this court in MCRC No. 94/2025 & MCRC No. 299/2025 vide order dated 19.03.2025 and the case of the applicant is also similar, charge sheet has been filed, the applicant is in jail since 20.12.2024, hence, he prays for grant of regular bail to the applicant on the ground of parity. 5. On the other hand, learned State Counsel opposes the prayer for grant of bail to the applicant and submits that the charge-sheet has been filed before the competent Court in the present case. He would submit that there is one more case registered against the applicant under section 420 IPC. 3 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts & circumstances of the case, nature & gravity of offence, period of detention of the applicant i.e. since 20.12.2024 and also considering the fact that co-accused persons namely Yashwant Kumar Nag & Kamlesh Kumar Sahu have been granted regular bail by this court in MCRC No. 94/2025 & MCRC No. 299/2025 vide order dated 19.03.2025, charge sheet has been filed and the trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant –Sharadchand Sharma, involved in Crime No. 408/2024 registered at Police Station Rajim, Gariyaband (C.G.) for the offence punishable under Sections 420, 409, 120B, & 34 of I.P.C, 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 them under Section 229-A of the Indian Penal Code. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (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 313 Cr.P.C. 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 them in accordance with law. 9. OfÏce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - SdS Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri