1 / 3 2025:CGHC:39270 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4879 of 2025 Dhan Singh Agariya S/o Baldev Agariya Aged About 37 Years R/o Khalbora, P.S. And Tah.- Dharamjaygarh, Distt- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S.- Dharamjaygarh, Dist- Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Ramsajiwan, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.08.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 40/2025, registered at Police Station : Dharamjaygarh, District – Raigarh (C.G.) for the offence punishable under Section 420 of IPC. 2. As par the prosecution story in short is that in the month of August- November 2021, he got Saraswati Yadav and other women to fill loan forms from Fincare Small Finance Bank and Belstar Microfinance Limited Dharamjaigarh branch and withdraw the loan amount of Rs. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.07 12:11:01 +0530 2 / 3 60,000 of applicant Saraswati Yadav and kept Rs. 50,000 with himself. The accused cheated by depositing Rs. 7360 from the loan amount and not depositing the remaining amount of Rs. 42640. Similarly, he cheated other victims by getting them loans of different amounts totaling Rs. 17,16,000. according to the statement of the applicant and other victims, it is stated that the accused has kept some amount of the loan himself and has not paid the installments accordingly he has cheated more than one woman of a total of Rs 17,16,000/-. After receiving the complaint the concerned police official have investigated the matter registered a Crime against him and thereafter the applicant was arrested. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated. He further submits that the applicant has neither committed nor participated in any such act which may amount to any of the offence mentioned herein. He further submits that the applicant is in jail since 03.05.2025, Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 03.05.2025 and conclusion of the trial is likely to take 3 / 3 some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Dhan Singh Agariya, involved in Crime No. 40/2025, registered at Police Station : Dharamjaygarh, District – Raigarh (C.G.) for the offence punishable under Section 420 of IPC, be released on bail on 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 his 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav