1 2025:CGHC:35268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5762 of 2025 1 - Niranjan Saxena S/o Ashok Saxena Aged About 40 Years R/o House No. B-4 , Near Gangotri Dhaba Modern House Building Society Barkhedi Kala. Police Station Barkhedi Kala, Bhopal (Mp) ... Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Bemetara, District - Bemetara (C.G.) … Non-Applicant For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate For Non-Applicant : Mr. Ajeet Singh, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 23/07/2025 1. This is the first bail application filed by the applicants under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 240/2017 registered at Police Station – Bemetara, District – Bemetara, Chhattisgarh for the offences punishable under Sections 420, 409, 34 of the Indian Penal Code, 1860 and under Sections 4, 5 & 6 of Prize Chit Fund and Money Circulation Scheme (Banning) Act, 1978 and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005. 2. Case of prosecution is that, Savita Tiwari and four others lodged written report to the concerned police station stating that amount of Rs. 91,15,300/- was deposited by 155 investors with the Nirmal Infra-home SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 Corporation Pvt. Ltd. (for short NICL) on the assurance that NICL will return double the amount in 06 years. However, when they approached to Branch Office after the maturity date, amopunt was not returned and office was closed. Based on the report, aforementioned crime was registered and during course of investigation, police arrested the applicant mentioining him to be one of the Director of the Company. 3. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that the the report is lodged in the year 2017, however, the applicant had resigned from the company as a Director. Company was being managed thereafter by one Ashish Singh Chauhan as a Director. He submits that as many as 07 crimes are registered against the applicant and other accused persons. In Crime No. 146/2017, registered at Police Station – Surajpur, District – Surajpur, the applicant has been enlarged on bail vide order dated 13.12.2023 in M.Cr.C.. No. 8649/2023. Applicant is in jail since 15.01.2020, after completion of investigation, charge-sheet has been filed. Police during course of investigation, might have also collected documents with regard to property of the company, trial may take sometime, hence, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by the counsel for the applicant. He however do not dispute the submission of the counsel for the applicant that the applicant has been enlarged on bail in the similar nature of offence vide order dated 13.12.2023 in M.Cr.C.. No. 8649/2023. 5. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 6. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, 3 period of pre-trial detention, investigation is complete, charge-sheet has been filed, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. (b) 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. (c) In case, the applicant misuses the liberty of bail during trial andin order to secure her 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. (d) 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. Certified copy as per rules. Sd/-Sd/- (Parth Prateem Sahu) Judge Dey