1 2025:CGHC:46603 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6497 of 2025 Vidhan Bairagi S/o Late Vimal Bairagi, Aged About 27 Years R/o Shyam Residency Phase No. 2, House No. 402, Uslapur, Tahsil Sakri, District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Marwahi, District Gaurela- Pendra- Marwahi (C.G.) ... Non-applicant For Applicant : Mr. Girish Pandey, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.09.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 101/2024 registered at Police Station Marwahi, District Gaurela-Pendra-Marwahi (C.G.), for the offences punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code. 2. The case of the prosecution, in brief, is that the complainant, Puneet Pradhan, lodged a report stating that he was cheated in the name of securing a job as a T.T.E. in the Railway Department. The accused ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.12 10:49:21 +0530 2 persons, namely Vidhan Bairagi, Varsha Rani, Yogesh Rajak, Rahul @ Amit Kumar Mandal, Akash @ Kapil, and Vinay Sharma, criminally conspired and collected a sum of Rs. 12,00,000/- from the complainant in cash as well as through bank transfers. They lured the complainant and other individuals in a similar manner and made them undergo general knowledge training for 8–9 months at Asansol, conducted by trainers Akash @ Kapil and Amit Mandal, under the pretense of official job training. When the complainant and other witnesses realized that they had been duped, they demanded their money back. Out of the total amount, Rs. 2,66,000/- was returned to the complainant. However, upon demanding the remaining amount, the accused persons switched off their mobile phones and became untraceable. Thereafter, the complainant lodged a written complaint, on the basis of which Crime No. 101/2024 was registered at Police Station Marwahi under Sections 420, 467, 468, 471, and 34 of the Indian Penal Code, and investigation was initiated. After completion of the investigation, a charge-sheet was filed, and the case is presently pending before the learned Judicial Magistrate First Class, Marwahi, District Bilaspur (C.G.), registered as Criminal Case No. 477/2024. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that other co-accused person, namely, Rahul @ Amit Kumar Mandal, has already been granted regular bail by this Court on 20.11.2024 in MCRC No. 6768 of 2024, therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already 3 been submitted before the competent Court in the present case. 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 as the other co-accused person, namely, Rahul @ Amit Kumar Mandal, has already been granted regular bail by this Court on 20.11.2024 in MCRC No. 6768 of 2024 and the applicant has been in jail since 08.04.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Vidhan Bairagi, involved in Crime No. 101/2024 registered at Police Station Marwahi, District Gaurela-Pendra-Marwahi (C.G.), for the offences punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code, be released on bail on his 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 4 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. 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 Abhishek