1 2025:CGHC:38501 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6109 of 2025 Ashfaqullah S/o Jarifullah Aged About 24 Years R/o Vill. Sonpur, Chowki, Basdei, Dist. Surajpur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Ambikapur, District Sarguja C.G. ... Non-applicant For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. For objector : Mr. Akhand Pratap Pandey, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.08.2025 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. 895/2024, registered at Police Station Ambikapur District – Sarguja (C.G.) for the offence punishable under Section 318 of BNS, 2023. 2. The case of the prosecution, in brief, is that the allegation is that complainant has lodged an F.I.R against the present applicant alleging that applicants had promised the complainant that within short span of time the amount invested by the complainant will be doubled as VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.04 18:57:57 +0530 2 applicant is working for trading and investment at Adani Company and applicant took Rs. 74,00,000 from complainant but as promised by the applicant the amount was not doubled and the amount invested by the complainant was never returned back On171224F.I.R. was registered and crime number 895/2024 under section 318 B.N.S. was registered against the present applicants. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He also submits that the present applicant has no criminal antecedents. He further submits that the investigation with respect to the present applicants with respect to crime no. 895/2024 u/s 318 B.N.S, 2023 looking to present circumstances when charge-sheet has already been filed conclusion of trial will take some time and further considering the fact that applicant has already been enlarged on bail by this Hon'ble Court in similar nature of crime no 651/2024, 650/2024, 558/2024 vide order dated 28.04.2025 in MCRC No. 2583 of 2025, MCRC No. 2507 of 2025, MCRC No. 2573 of 2025. Copies of orders dated 28.04.2025 passed by this Hon'ble Court are being annexed herewith as Annexure – A/3, and the applicant is in jail since 19.09.2024 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel as well as learned counsel for the objector opposed the bail application of the applicant. 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, the 3 nature and gravity of the allegations levelled against the applicant, the fact that the matter has been settled between the parties, and also considering that the other co-accused persons have already been granted bail by this Court, that the charge sheet has been filed, and that the applicant has been in jail since 19.09.2024, and the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Ashfaqullah, involved in Crime No. 895/2024, registered at Police Station Ambikapur District – Sarguja (C.G.) for the offence punishable under Section 318 of BNS, 2023, be released on bail on furnishing personal bond with two local 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav