1 2025:CGHC:33466 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3875 of 2025 Gaurav Verma S/o Shri Puran Chandra Verma Aged About 34 Years R/o 17/45, Maainath, Ghatiya, Azamkhan, Agra, Uttar Pradesh ... Applicant versus State of Chhattisgarh Through- Station House Officer Devendra Nagar, Raipur, Chhattisgarh ... Non-Applicant For Applicant : Ms. Fouzia Mirza, Senior Advocate assisted by Mr. Jitendra Pali, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.07 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No - 78/2025, registered at Police Station – Devendra Nagar, District Raipur (C.G.) for the offence punishable under Sections 420 and 120(B) of Indian Penal Code. 2. As per the case of prosecution, the complainant, namely, Ms. Pooja Jha, who is the Branch Manager of I.S.A.F. Small Finance Bank Limited, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.17 15:06:13 +0530 2 Devendra Nagar Branch, Raipur, lodged the report. It is alleged that the main accused, Mr. Anil Kumar Hothwani, opened a savings account with the said bank on 18/04/2024 and on the same day availed a gold loan. Thereafter, on 25/04/2024, he obtained a loan amounting to 10,05,738/- against ten gold bangles, purportedly weighing approximately 208.80 grams. Subsequently, it came to light that the gold pledged by the accused was fake/artificial, thereby causing financial loss to the bank and amounting to cheating. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She further submitted that the applicant’s name is not mentioned in the FIR, and no specific allegation has been made against the applicant at the initial stage of the complaint, thereby indicating that the applicant was not even under suspicion when the complaint was first registered. She further submits that it was the primary duty of the bank and its Officers to verify the quality and authenticity of the gold ornaments before disbursing any gold loan. The bank had all means and authority to conduct proper testing but failed to do so. The applicant cannot be punished due to fault committed by the bank official. She further submits that the applicant has no previous criminal antecedents. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 25.04.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. He further submits that the applicant has no previous criminal antecedents. 5. I have heard learned counsel for the parties and perused all of the 3 documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous criminal antecedents in the State of Uttar Pradesh and Chhattisgarh, further, the charge-sheet has been filed and he is in jail since 25.04.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Gaurav Verma, involved in Crime No - 78/2025, registered at Police Station – Devendra Nagar, District Raipur (C.G.) for the offence punishable under Sections 420 and 120(B) of Indian Penal Code, 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 4 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 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. 8. Office 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 Preeti