1 2025:CGHC:37795 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5408 of 2025 Sushil Suman S/o Basant Lal, Aged About 28 Years Caste- Satnami, R/o Village Mughapara Ward No. 04, Kosir, Police Station- Sarangarh, District Sarangarh-Bilaigarh (Chhattisgarh) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Jaijaipur, District Sakti Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Dharmesh Shrivastava, Advocate For Respondent(s) : Dr. Sourabh Kumar Pandey, Dy. A.G. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 31/07/2025 1. The applicant has preferred this Second Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 08/2025, registered at Police Station Jaijaipur, District- Sakti, (CG) for the offence punishable under Sections 420, 34 of IPC. MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2025.08.01 18:49:50 +0530 2 2. The First Bail Application was dismissed by this Court vide order dated 18.06.2025 on the ground of mistakes in the bail application. 3. The prosecution story in brief is that the complainant Punidas Mahant preferred a written report in Police Station- Jaijaipur alleging inter-alia that on 03.02.2024, three persons namely Jitesh Kumar Chandra, Ankit Gupta and present applicant came to his house and asked him for sanction of loan from IndusInd Bank, Branch Bilaspur amounting to Rs. 2 lakh, which was agreed and accepted by the complainant. It is further alleged that the complainant was called at Dataud bus stand on 07.02.2024 at about 2:00 pm with Aadhar Card, PAN Card and photographs, but as he did not get the loan, after four months, when he gave the documents to Ashirvad Finance to take the loan, then Ashirvad Finance people found out and told that he has a loan running from IndusInd Bank and passbook, ATM and cheque have also been issued from the bank, but actually the complainant has not received the said loan. The accused person namely Jitesh Kumar and the branch manager of Bharat Finance together cheated him by opening an account in IndusInd Bank bearing account no. 201026097478 and received amount of finance into that account and thereafter without informing to the complainant, the said amount was withdrawn by them. On the basis of written report, an offence was registered in Police Station Jaijaipur bearing Crime no. 08/2025 under Section 420, 34 of IPC against the applicant 3 and other co-accused persons and investigation was initiated. During course of investigation, the present applicant was arrested on the basis of the memorandum statement of co-accused persons, all the accused person were arrested, articles were seized, statement of the witnesses were recorded and after completion of the entire investigation, charge-sheet has been filed before the learned JMFC, Jaijaipur, District- Janjgir-Champa (C.G.) where the criminal case no. 560/2025 is pending for trial. 4. It was argued by the counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted by the learned counsel for the applicant that he was only accompanying the co-accused person who asked for sanction of loan from the IndusInd Bank. He further submits that the co-accused has been granted bail by this Court vide its order dated 20.05.2025 in MCRC No. 3255/2025. The present applicant is in jail since 24.03.2025 and the charge sheet has been presented. Also, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant is not entitled to be released on bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, 4 nature and gravity of allegation levelled against the applicant, and further the fact that the co-accused has already been granted bail by this Court on 20.05.2025 in MCRC No. 3255 of 2025, and the applicant is in jail since 24.03.2025 and the trial is likely to take considerable time for its conclusion, this Court is of the opinion that it is a fit case for grant of regular bail. Accordingly, the bail application deserve to be and is hereby allowed. 8. Let the Applicant- Sushil Suman, involved in Crime No. 08/2025, registered at Police Station-Jaijaipur, District- Sakti, (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 sufficient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyay 5 Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail 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 Bhartiya Nyaya Sanhita, 2023. (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 BNSS. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima