1 2025:CGHC:38409 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6094 of 2025 Ashish Shrivas S/o Rajnarayan Shrivas Aged About 33 Years R/o Phool Chowk, Jorapara Near Satbaniya Temple, Police Station, Mohda District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Incharge, P.S. Civil Line Bilaspur District- Bilaspur (C.G.) ... Respondent For Applicant : Shri B. Gopa Kumar and Shri Himanshu Pandey, Advocates. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/08/2025 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.0285/2025 registered at Police Station Civil Line, Bilaspur, District - GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.05 17:39:58 +0530 2 Bilaspur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2) and 61(2) of BNS, 2023. 2. Case of the prosecution, in brief, is that the complainant, Kaushal Kumar Singh, aged approximately 50 years and resident of Shubham Vihar, Bilaspur, was subjected to a fraudulent scheme resulting in a financial loss of Rs.12,00,000/-. The accused, namely Daneshwar Nishad, Namrata Khurana, Ashish Srivastava, and the deceased Rudra Pratap Markande, conspired to perpetrate a deliberate act of deception by orchestrating the fraudulent sale of two vehicles: a Maruti Suzuki Ertiga bearing registration number CG 04/NS/2408 and a Scorpio bearing registration number CG 04/PL/8999. The accused employed forged Aadhaar cards, fabricated affidavits, and fraudulent signatures to misrepresent the ownership of the said vehicles. The complainant, acting in good faith and relying on the authenticity of the documents presented, paid Rs.4,00,000/- for the Ertiga and Rs.8,00,000/- for the Scorpio through a combination of cash, Immediate Payment Service (IMPS) transactions, and cheques. Further, the accused induced the complainant with false assurances of transferring ownership of the vehicles upon clearance of purported bank dues and agreed to pay Rs.32,000/- per month towards maintenance and garage expenses. However, only Rs.40,000/- was partially paid by Daneshwar Nishad, after which he ceased communication and evaded further contact. On 01/01/2025, individuals claiming to be representatives of the Raipur Crime Branch contacted the complainant, informing him that both vehicles were subject to First Information Reports (FIRs) registered at Raipur Crime Branch due to their involvement in fraudulent transactions. Subsequently, the Scorpio was seized on 02/01/2025, 3 and the Ertiga was seized on 05/01/2025. The investigation revealed that the Aadhaar cards of the alleged vehicle owners bore counterfeit photographs, and forged documents were utilized to effectuate the illicit sale, thereby confirming the fraudulent nature of the transaction. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that one of the co-accused has been granted bail by the trial court and another co-accused person namely Daneshwar Nishad has been granted regular bail by this Court vide MCRC No.5963/2025 on 30/07/2025. He would further submit that charge sheet has been filed, applicant has no criminal antecedents and he is in jail since 06/03/2025 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 opposes the bail application. He would submit that charge sheet has been filed in this case and there is no previous criminal antecedent against the present applicant. 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, also considering the fact that one of the co-accused has been granted bail by the trial court and another co-accused person namely Daneshwar Nishad has been granted regular bail by this Court vide MCRC No.5963/2025 on 30/07/2025, there is no previous criminal antecedent against the present applicant, charge sheet has been filed, period of detention of the applicant since 06/03/2025 and trial is likely to take some time for its conclusion, this Court is of the view that the applicant 4 is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant-Ashish Shrivas, involved in Crime No.0285/2025 registered at Police Station Civil Line, Bilaspur, District - Bilaspur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2) and 61(2) of BNS, 2023, 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 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 5 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