1 2025:CGHC:45082 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5469 of 2025 Bhagwat Sahu S/o Dharamlal Sahu, Aged About 22 Years R/o Village Rajkona, Tahsil Bhatgaon, P.S. Sarsiwa, District Sarangarh Bailaigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Sarsiwa, District Sarangarh Bilaigarh Chhattisgarh ... Respondent For Applicant : Shri Sanjay Agrawal, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/09/2025 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.208/2024 registered at Police Station Sarsiwan, District - Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 420, 406, 409, 120 (B), 34 of I.P.C and 6 & 10 of Protection of Interest GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.04 18:02:27 +0530 2 of Depositors Act, 2005. 2. Case of the prosecution, in brief, is that the accused/applicant, along with his associates, allegedly cheated the complainant. They operated an office named Shiva with Janari in Raikona, where they promised the complainant a 30% monthly interest on his investment in the share market and crypto currency. Thereafter the complainant deposited a total of Rs.26,00,000/- in cash with the present applicant and other accused. They also assured him that after eight months, they would return two and a half times of the deposited amount. Therefore, he lodged the report. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant is the employee of the other accused Shiva Sahu and he has no knowledge about the incident but only because of that reason he has also been implicated in this case. He would submit that co- accused person namely Shiva Sahu has been granted regular bail by this Court in MCRC No.8557/2024 on 06/12/2024 and other co- accused persons namely Suryakant Sahu @ Sonu Sahu and Jhagesh Sahu have been granted regular bail by this Court in MCRC No.8279/2024 on 28/11/2024. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 17/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel do not dispute the fact that co-accused person namely Shiva Sahu has been granted regular bail by this Court in MCRC No.8557/2024 on 06/12/2024 and other co- 3 accused persons namely Suryakant Sahu @ Sonu Sahu and Jhagesh Sahu have been granted regular bail by this Court in MCRC No.8279/2024 on 28/11/2024. 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 of allegation levelled against the applicant, considering the fact that co-accused person namely Shiva Sahu has been granted regular bail by this Court in MCRC No.8557/2024 on 06/12/2024 and other co- accused persons namely Suryakant Sahu @ Sonu Sahu and Jhagesh Sahu have also been granted regular bail by this Court in MCRC No.8279/2024 on 28/11/2024, period of detention of the applicant since 17/06/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Bhagwat Sahu, involved in Crime No.208/2024 registered at Police Station Sarsiwan, District -Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 420, 406, 409, 120 (B), 34 of I.P.C and 6 & 10 of Protection of Interest of Depositors Act, 2005, 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 4 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 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri