1 2025:CGHC:34253 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4585 of 2025 1 - Shamim Rehman S/o Late Nurul Huda Aged About 55 Years R/o Quarter No. 645a/70, Janaki Vihar Colony Jankipuram, District Lucknow (U.P.) 2 - Bharat Sukhwani S/o Late Jayaram Aged About 53 Years R/o H. No. 233, Rajendra Nagar, Janipuram, Lucknow, Police Station Jankipuram, District Lucknow (U.P.) ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Surajpur, District Surajpur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Shrikant Mishra, Advocate For Respondent : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/07/2025 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.441/2019 registered at Police Station Surajpur, District - Surajpur (C.G.) under Sections 420, 120-B, 34 of IPC and Section 4,5,6 of Price Chit fund Scheme Act and Section 10 of Chhattisgarh Protection of Depositors Interest Act,2005. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.21 12:00:24 +0530 2 2. Case of the prosecution is in a nutshell that, the complainant under Section 156(3) of CRPC was filed by few of the agents of the company, that the directors have defrauded the people and allured the general public at large to deposit money in certain scheme with assurance of high returns and eventually after opening of offence in the year 2017, closed the office at Surajpur within 7 months and did not returned the assured payment to the beneficiaries through few people, certain payments were made. Thereby the offence has been committed. 3. Learned counsel for the applicant submits that the present applicants are innocent and they have been falsely implicated in the present case. He would submit that in the case Amritlal Rajwade and other investors and agents have received the entire investment amount from Awas Argo Company and its directors Shamin Rehman on the basis of the agreements. Copy of said agreement is annexed herewith as Annexure-A/4. He would submit that the applicant is in jail since 10/03/2025, there is no criminal antecedents against the applicant, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 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 would submit that applicants are resident of State of Uttar Pradesh and there is no previous criminal antecedents against the present applicants. 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, there is no previous criminal antecedent against the present applicants, period of detention of the 3 applicant since 10/03/2025 and investors and agents have received the entire investment amount from Awas Argo Company, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Shamim Rehman and Bharat Sukhwani, involved in Crime No.441/2019 registered at Police Station Surajpur, District - Surajpur (C.G.) under Sections 420, 120-B, 34 of IPC and Section 4,5,6 of Price Chit fund Scheme Act and Section 10 of Chhattisgarh Protection of Depositors Interest Act,2005, be released on bail on his furnishing 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. 4 (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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial within a period of six months, in accordance with law, if there is no legal impediment. 9. 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 vaishali