1 2025:CGHC:37354 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5963 of 2025 Daneshwar Nishad S/o Radheshyam Nishad Aged About 29 Years R/o Village Jamrao, Thana- Amleshwar, District- Durg Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through- Police Station Civil Lines, District- Bilaspur, Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. Ishan Verma, Advocate For Non-applicant/State : Dr. Saurabh K. Pande, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 285/2025, registered at Police Station : Civil Lines, District- Bilaspur (C.G.) for the offence punishable under Sections 318 (4), 338, 336(3), 340(2) and 61(2) of Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that the FIR was lodged by the complainant Kaushal Kumar Singh against present applicant - KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Daneshwar Nishad, Namrata Khurana, Rudra Pratap and others, alleging therein that the complainant was fraudulently induced to pay a sum of ₹4,00,000/- for an Ertiga and 28,00,000/- for a Scorpio under the pretext of purchasing four-wheeler vehicles. It has been further alleged that a substantial part of the cheated amount was routed and received through various bank accounts, as the applicant presented himself as the owner of the vehicles and committed cheating by impersonation. Based on the said complaint, FIR No. 285/2025 was registered at Police Station Civil Lines, District Bilaspur for offence under Sections 318(4), 338, 336(3), 340(2), and 61(2) of the Bharatiya Nyay Sanhita, 2023, and during the course of investigation, the applicant Daneshwar Nishad was arrested. 3. Learned counsel for the applicant submits that as per the allegations, the applicant is said to have sold the vehicles through an agreement which was duly notarized and the notary concerned has specifically stated that both the owner/seller and the purchaser personally appeared before him and signed the agreement, thereby lending authenticity to the transaction. He further submits that there is no complaint on record from the actual owners of the vehicles allegedly sold fraudulently by the applicant, which clearly indicates that the transactions were genuine and no grievance has been raised by the real owners, further strengthening the applicant's case for grant of bail. He further submits that the allegations made against the applicant, even if taken at face value, pertain to a purely civil contractual dispute arising out of a business transaction. The 3 same has been given a criminal colour by the complainant with the sole intention of pressuring the applicant further, the entire case is based on documentary evidence and no further custodial interrogation or recovery is required from the applicant. He further submits that the co-accused Namrata Khurana, who has been implicated in the same crime and is similarly situated, has already been granted bail by the learned X Additional Sessions Judge, Bilaspur (C.G.) vide order dated 09.04.2025. Hence, on the ground of parity, the present applicant is also entitled to be enlarged on bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed before the competent Court. He further submits that the present applicant has 02 criminal antecedents out of which one case, the applicant is on bail further looking to the seriousness of this case, active involvement, the present applicant is not entitled for grant for bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the present applicant has 02 criminal antecedents of the year 2019 and 2025 respectively out of which in 2025th case, the applicant is on bail and the another case is still pending and is old and stale and also considering the fact that the charge-sheet has been filed in the present case and he is in jail since 25.03.2025 and conclusion of the trial is likely to take some time further the co- 4 accused namely namely Namrata Khurana has been granted bail by the learned trial Court, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Daneshwar Nishad, involved in Crime No. 285/2025, registered at Police Station : Civil Lines, District- Bilaspur (C.G.) for the offence punishable under Sections 318 (4), 338, 336(3), 340(2) and 61(2) of Bhartiya Nyay Sanhita, be released on bail on furnishing 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 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 5 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal