1 2025:CGHC:32083 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5364 of 2025 Sunil Kumar Kashyap S/o Rajendra Kumar Kashyap Aged About 26 Years R/o Village Dhobghatti Police Station Lormi, District Mungeli Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Pandariya, District Kabirdham C.G. ... Respondent(s) For Applicant(s) : Mr. Vikas A. Shrivastava, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 69/2024, registered at Police Station Pandariya, District Kabirdham (CG) for the offence punishable under Sections 120-B, 420, 409/34 of the Indian Penal Code AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 (IPC). 2. The prosecution story in brief, is that the complainant, Lalit Singh Thakur, alleged that the accused, while working at Chola Mandalam Finance Company, Branch Parsa, in collusion with his associates, allegedly cheated customers by collecting approximately Rs.84 lakhs in cash for the purchase of around 110 Hero motorcycles of different models. Instead of providing the motorcycles, the accused allegedly obtained finance for the vehicles in a fraudulent manner, which led to the registration of aforesaid crime against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that only on the basis of memorandum statement of the co-accused persons, present applicant has been made an accused in the case. He also submits that the prosecution has not collected the sufficient material regarding information of the said article, further no seizure of any article has been made from the possession fo present applicant. The applicant is in jail since 28.05.2025 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 before the competent Court. He further submits that the applicant is alleged to have cheated customers by 3 collecting approximately Rs.84 lakhs in cash for the purchase of around 110 Hero motorcycles of different models. Instead of providing the motorcycles, the accused allegedly obtained finance for the vehicles in a fraudulent manner alongwith other co- accused persons. He also submits that the co-accused person have been granted bail, whereas present applicant / accused is reported to have remained absconding for nearly 15 months after the registration of the crime, charge-sheet has been filed against him as an absconder and was arrested on 28.05.2025, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy, it prima facie appears that the applicant is alleged to have cheated customers by collecting approximately Rs.84 lakhs in cash for the purchase of around 110 Hero motorcycles of different models and instead of providing the motorcycles, the accused allegedly obtained finance for the vehicles in a fraudulent manner alongwith other co-accused persons, further considering the fact that other co-accused persons have been granted bail, whereas present applicant / accused is reported to have remained absconding for nearly 15 months after the registration of the crime, charge-sheet has been filed against him as an absconder, the applicant has 4 attempted to evade the police by remaining absconding for 15 months and if he is granted bail, there is every likelihood that he may abscond again, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant - Sunil Kumar Kashyap, involved in Crime No. 69/2024, registered at Police Station Pandariya, District Kabirdham (CG) for the offence punishable under Sections 120-B, 420, 409/34 of IPC, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil