1 2025:CGHC:39315 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6202 of 2025 Zarifullah S/o Late Abdul Rahim Aged About 58 Years R/o Village Sonpur, Chowki, Basdei, Dist. Surajpur, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Kotwali, Ambikapur, District - Sarguja Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Sangeet Kumar Kushwaha, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/08/2025 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. 895/2024 registered at Police Station Kotwali, Ambikapur, District - Sarguja (C.G.) for the offence punishable under Section 318 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant alleges that AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 the applicant promised to double their investment in a short span of time, claiming to work in trading and investment at Adani Company. The complainant invested Rs. 74,00,000/-, but the amount was neither doubled nor returned. An FIR (Crime No. 895/2024) was registered against the applicant under Section 318 of the Bharatiya Nyaya Sanhita (BNS) on December 17, 2024 and subsequently the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the main accused, namely, Ashfaqullah has already been granted bail by this Court vide order dated 04.08.2025 in MCRC No.6109 of 2025 and the case of present applicant is better than that of the aforementioned co- accused person, so far as criminal antecedents of the applicant are concerned, applicant has four criminal antecedents of a identical nature, out of which, in three cases, the applicant has already been granted regular bail by this Court vide orders sated 28.04.2025 in MCRC Nos. 2583 of 2025, 2507 of 2025 and 2573 of 2025. The applicant is in jail since 21.05.2025, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. Per contra, learned State counsel opposes the bail application and submits that the allegations involve cheating of a large amount of money and the applicant is a habitual offender. However, it is not disputed that in three out of four criminal cases, the applicant has already been granted bail by this Court. 3 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 and gravity of offence, period of detention of the applicant since 21.05.2025, It prima facie appears that the applicant allegedly defrauded the complainant of Rs. 74,00,000/- by promising to double the money, but failed to do so and did not return the amount, but the bail application of the main accused, namely, Ashfaqullah has already been allowed by this Court vide order dated 04.08.2025 in MCRC No.6109 of 2025 and the case of present applicant is better than that of the aforementioned co-accused person, so far as criminal antecedents of the applicant are concerned, applicant has four criminal antecedents of a identical nature, out of which, in three cases, the applicant has already been granted regular bail by this Court vide orders sated 28.04.2025 in MCRC Nos. 2583 of 2025, 2507 of 2025 and 2573 of 2025, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Zarifullah, involved in Crime No. 895/2024 registered at Police Station Kotwali, Ambikapur, District - Sarguja (C.G.) for the offence punishable under Section 318 of Bharatiya Nyaya Sanhita, 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:- 4 (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 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. 9. 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 Akhil