1 2025:CGHC:4239 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 649 of 2025 Shatruhan Verma S/o Late Mainuram Verma Aged About 36 Years Permanent Resident Of 117, Bazar Chowk, Near Middle School, Budeni Beldasivni, Raipur, Chhattisgarh At Present Address-Near Mahanat Pond, Saraswati Nagar, Kota, District- Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Mandir Hasaud Raipur, District- Raipur, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Om Prakash Sahu, Advocate. For Non-Applicant(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/01/2025 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. 659/2024 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Mandir Hasaud Raipur, District- Raipur (C.G.) for the offence punishable under Sections 420/34 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that the complainant, namely, Kuber Verma made a complaint at P.S. Mandir Hasad alleging therein that he was defrauded and cheated by the applicant, who promised to double his money. Kuber had invested a significant amount, Rs. 7 Lakhs, in the Share Market through the applicant, but unfortunately, the market crashed, and he ended up incurring a loss, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that one of the co-accused persons, namely, Ranu Dhruw has already been granted anticipatory bail by this Court vide order dated 16.12.2024 in MCRCA No.1442 of 2024 and two of the co-accused persons, namely, Bhuneshwar Sahu and Manohar Lal Sahu have already been granted bail by this Court vide order dated 02.01.2025 in MCRC No.8987 of 2024 and the case of the present applicant is similar to that of the co-accused persons, who have granted regular bail. The applicant is in jail since 12.10.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 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. She further submits that the applicant alongwith other 3 co-accused persons defrauded and cheated the applicant by promising to double his money, the complainant had invested a significant amount, Rs. 7 Lakhs, in the Share Market through the applicant, which ended up incurring a loss, therefore the applicant is not entitled for grant of bail. 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, period of detention of the applicant since 12.10.2024, the fact that though the applicant alongwith other co-accused persons defrauded and cheated the applicant by promising to double his money, the complainant had invested a significant amount, Rs. 7 Lakhs, in the Share Market through the applicant, which ended up incurring a loss, but one of the co- accused persons, namely, Ranu Dhruw has already been granted anticipatory bail by this Court vide order dated 16.12.2024 in MCRCA No.1442 of 2024 and two of the co-accused persons, namely, Bhuneshwar Sahu and Manohar Lal Sahu have already been granted bail by this Court vide order dated 02.01.2025 in MCRC No.8987 of 2024 and the case of the present applicant is similar to that of the co-accused persons, who have granted regular bail, further the applicant has no criminal antecedent and charge- sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Shatruhan Verma, involved in Crime No. 659/2024 registered at Police Station Mandir Hasaud Raipur, 4 District- Raipur (C.G.) for the offence punishable under Sections 420/34 of IPC, be released on bail on his furnishing a 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 sufÏcient 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. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of 5 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil