1 2025:CGHC:30656 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4403 of 2025 Budheshwar Kuzur S/o Baijnath Kuzur Aged About 27 Years Village Chirga Manja, P.S. Batauli, Distt. Sarguja Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House Officer, P.S. Lailunga, Distt. Raigarh Chhattisgarh ... Non-applicant For Applicant : Mr. Anuroop Panda, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 213/2024 registered at Police Station Lailunga, District Raigarh (C.G.), for the offences punishable under Sections 420/34 of the Indian Penal Code. 2. Prosecution story in brief is that persons namely Aliyazar Kumar and his wife Anita Beg are the Directors of Dream Alpha Omega Multitrade Service Pvt. Ltd. The Directors, along with other accused ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.05 14:50:12 +0530 2 persons, including the applicant, allegedly assured the complainant that if they obtained a loan from any bank through their company, they would receive 50% of the loan amount, while the company would take 40%, and the agent would receive 10%. The company further assured that it would repay the entire loan to the bank within three years. Relying on this assurance, various individuals obtained loans through the company. Initially, the company repaid a few loan installments, but later defaulted, thereby cheating the victims of a total amount of Rs. 81,34,937/-. Hence, the present applicant has committed offences punishable under Sections 420 and 34 of the IPC. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that other co-accused person, namely, Sanjay Ram and Anita Beg have already been granted regular bail by this Court on 07.05.2025 and 23.04.2025 in MCRC No. 3516 and 2025 and MCRC No. 2773 of 2025 respectively. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the case diary is not available in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case 3 as the other co-accused person, namely, Sanjay Ram and Anita Beg have already been granted regular bail by this Court on 07.05.2025 and 23.04.2025 in MCRC No. 3516 and 2025 and MCRC No. 2773 of 2025 respectively and the applicant has been in jail since 21.03.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Budheshwar Kuzur, involved in Crime No. 213/2024 registered at Police Station Lailunga, District Raigarh (C.G.), for the offences punishable under Sections 420/34 of the Indian Penal Code, be released on bail on his furnishing 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 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 4 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 Abhishek