1 2025:CGHC:27041 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4779 of 2025 1 - Rekhram @ Lekhram Kunjam S/o Nirupram Kunjam Aged About 27 Years R/o Road Kasawahi, Police Station Rudri, District Dhamtari Chhattisgarh 2 - Smt. Sarita Kariyam W/o Chandrahas Kariyam Aged About 42 Years R/o Village Naragaon, Tahsil Gurur, District Balod Chhattisgarh (Details Of Applicants Properly Not Mentioned In The Impugned Order Sheet Which Is Being Mentioned As Per The Charge Sheet) ... Applicants versus State Of Chhattisgarh Through S.H.O P.S. Doundilohara District Balod Chhattisgarh ... Respondent For Applicants : Shri Avinash Chand Sahu, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.26 20:28:24 +0530 2 for grant of regular bail to the applicants who have been arrested in connection with Crime No.186/2024 registered at Police Station Doundilouhara, District Balod (C.G.) for the offence punishable under Sections 318(4), 61(2), 3(5) of the BNS 2023 (correspondence section in IPC is 420, 120B and 34.) 2. Case of the prosecution, in brief, is that it is alleged that the present applicants along with other co-accused persons and one Kholbehra Nishad came to the house of the complainant Veena Goti and on 17.09.2024 advised her to constitute a group of 3 to 4 women and with the help of Kholbehra Nishad they have got some loan for the name of the said group from the bank and when the loan amount has been sanctioned to the group, the said Kholbahara has invested the 90% of the loan amount in a scheme and gave the remaining 10% amount to the member of the said group and so far as the aforesaid 90% of the amount is concerned, the installment has been paid by the said Kholbahra and with the aforesaid scheme according to the investigation, a sum of Rs. 23,95,162/-received by the said Kholbahra in between 17.09.2024 to 11.12.2024 according to the memorandum of the Kholbahra, he has invested the amount in the sister concern company and in stock market which was run by the 3 friend of the Kholbahra namely Rakesh Kumar Jangde and Devanand Sonwani but due to financial crisis when some loss has been occurred in the aforesaid finance scheme, the Kholbehra was unable to deposit the installment, then on the basis of the report of the complainant the offence has been registered against the Kholbahra and the others and the charge-sheet has been filed for the alleged commission of offence. Hence, this application. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present case. He would submit in another crime number bail application of applicant No.1 has been rejected in MCRC No. 4688 of 2025 on 20/06/2025 and applicant No.2 has already been allowed bail by this court in another crime number in MCRC No.3053/2025 on 09/05/2025. He would submit that applicant No.1 is in jail since 11/03/2025 and applicant No.2 is in jail since 6/03/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. Learned State counsel on the other hand has opposed the prayer for grant of bail and submitted that the applicant No.2 has criminal antecedent as has been mentioned in para 4a of the bail application and it is stated that the applicant No.2 is 4 having total three cases including the present case and applicant No.2 has been granted bail by this Court in MCRC No.3053/2025 on 09/05/2025 in case crime no.224/2024 and in case crime number 77/2024 bail application of applicant No.2 is pending before the competent court. Learned State counsel has further submitted that the applicant No.2 is also wanted in a criminal case crime number 117/2024 under section 420, 120B, 34 of IPC registered at Police Station Dondhi and so far as applicant No.1 is concerned, it has further been pointed out that his bail application has been rejected in MCRC No. 4688 of 2025 on 20/06/2025 in case Crime No.612/2024. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, considering the fact that bail application of applicant No.1 Rekhram @ Lekhram Kunjam has been rejected in MCRC No. 4688 of 2025 on 20/06/2025 in case Crime No.612/2024 and from the perusal of the order granting bail to the applicant No.2 Smt. Sarita Kariyam on 09/05/2025 in MCRC No.3053/2025 in Crime No. 224/2024 goes to show that no criminal antecedents were disclosed by the applicant No.2 when she was granted bail as there 5 appears to be 3 cases pending against the applicant No.2 of identical nature, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. 7. Accordingly, the bail application of applicant No.1- Rekhram @ Lekhram Kunjam and applicant No.2 Smt. Sarita Kariyam involved in Crime No.186/2024 registered at Police Station Doundilouhara, District Balod (C.G.) for the offence punishable under Sections 318(4), 61(2), 3(5) of the BNS 2023, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri