1 2025:CGHC:47854 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6267 of 2025 Irfan Khan S/o Maksud Aged About 50 Years R/o Dhouratikra Baikunthpur, Police Station And Tehsil- Baikunthpur, District- Koriya (C.G.) ... Applicant versus State Of Chhattisgarh Through Officer-In-Charge Patna, Police Station - Patna, District- Koriya (C.G.) ... Respondent For Applicant : Shri Hemant Kumar Agrawal, Advocate. For Respondent/State : Shri Soumya Rai, PL. For complainant : Ms. Anjali Singh Chouhan, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/09/2025 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.108/2025 registered at Police Station Patna, District Koriya (C.G.) for the offence punishable under GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.19 17:34:59 +0530 2 Sections 420, 506, 34 of the Indian Penal Code, 1860. 2. Case of the prosecution, in brief, is that on 20.05.2025 the Court of Judicial Magistrate First Class Baikunthpur, District Koriya (C.G.) passed an order in the application u/s 175(3) of the BNSS that register an FIR after that completing investigation final report submit before the competent Court therefore an FIR u/s 420, 506 & 34 of the IPC was registered against the applicant. The brief facts of the application u/s 175(3) of the BNSS are that the complainant and Shamshad Ansari (accused person) both are friends, Gulshan Parveen and the applicant are respectively wife and father-in-law of Shamshad Ansari. Shamshad Ansari said to the complainant that they work with Ashfakullah in the trading business, if you invest money in the trading business then you will get double amount in the 72 days. On the assurance of main accused Shamshad Ansari the complainant deposited 5 Lakh rupees in the account of Gulshan Parveen through RTGS, 4 Lakh rupees in the account of Shamshad Ansari, and 8 Lakh rupees had been given to Shamshad Ansari and the applicant in cash. After completing of 72 days when the complainant demanded money then sometime Shamshad Ansari made excuses after that he denied to return the money. After registration of an FIR the applicant was arrested and investigation is going on. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case due to his relationship with his son-in-law, Shamshad Ansari. He would 3 submit that the dispute is actually a money dispute between Belal Mohammed and Shamshad Ansari, which has been distorted and given a criminal color and there was no financial transaction between the applicant and the complainant. He would submit that Shamshad Ansari gave a loan of Rs. 6,08,002/- to Belal Mohammed, which was allegedly demanded back, leading to a dispute. He would submit that the applicant is in jail since 22/07/2025 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 and he would submit that the applicant has no criminal antecedents. 5. Learned counsel for the objector also opposes the prayer for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the materials available on record. 7. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, considering the fact that dispute appears to monetary dispute between the parties, period of detention of the applicant since 22/07/2025, applicant has no criminal antecedents 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. 4 8. Accordingly, the bail application is allowed and it is directed that the Applicant- Irfan Khan, involved in Crime No.108/2025 registered at Police Station Patna, District Koriya (C.G.) for the offence punishable under Sections 420, 506, 34 of the Indian Penal Code, 1860, be released on bail on his furnishing a 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 fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 10. 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