1 2025:CGHC:18138 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3062 of 2025 • Ajay Kumar Vishwakarma S/o Shri Ramswaroop Vishwakarma Aged About 45 Years (Wrongly Mentioned As Ri Instead Of Shri In Impugned Order), R/o Ward No. 32, Balpurva, Kanti Chowk, Thana Sohagpur, District Shahdol (M.P.) ... Applicant versus • State of Chhattisgarh Through P.S. Rajim, Distt. Gariyband- (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate For State : Mr. Shashank Thakur, Dy. A.G. Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/04/2025 1. Proceeding 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, District-Gariyaband, (C.G.) for the offence punishable under Sections 420, 409, 120-B & 34 of IPC. 3. Case of the prosecution, in brief, is that the complainant Santosh Dewangan lodged a written complaint against accused person, Raja Ram Tarak, Sharad Chand Sharma, Kamlesh Kumar Sahu and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.24 17:16:43 +0530 2 Yashwant Kumar Nag, that they had created fake company namely 'Trade Expo' and promoted the company through You Tube Channel and Zoom App and in name of offering daily profit in percentage cheated the complainant and others with around Rs.4,83,30,000/- thereafter police station Rajim has registered the F.I.R. against the accused person U/S 420, 34 of I.P.C. After investigation police has arrested the present applicant and added the offence U/S 409 & 120- B of I.P.C. 4. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in offence in question. The applicant is in jail since 12.03.2025. The charge-sheet has been filed and no further investigation is required, however, conclusion of the trial is likely to take some time. He further submitted that co-accused namely Yashwant Kumar Nag and Kamlesh Kumar Sahu has already been granted bail by this Hon’ble Court in M.Cr.C. No. 94 of 2025 and MCRC No. 299 of 2025 vide order dated 19.03.2025 and as such, on the ground of parity, he prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that according to charge-sheet applicant has no previous criminal antecedents, looking to the overt act application may be reject. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant, the fact that the conclusion of the trial may take some time and further that the co-accused namely Yashwant Kumar Nag and Kamlesh 3 Kumar Sahu has already been granted bail by this Hon’ble Court in M.Cr.C. No. 94 of 2025 and MCRC No. 299 of 2025 vide order dated 19.03.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant- Ajay Kumar Vishwakarma involved in Crime No. 408/2024 registered at Police Station Rajim, District Gariyaband, (C.G.) for the offence punishable under Sections 420, 409, 120-B and 34 of BNS, 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 sufficient 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 4 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 sufficient 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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law within a period of six months, if there is no legal impediment. 10. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali