1 2025:CGHC:46601 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6506 of 2025 Ajam Ansari S/o Najim Ansari Aged About 25 Years R/o Mahegpur, Ward No. 45, Nan B C Ganj, Dist. Bareilly, Uttar Pradesh ... Applicant versus State Of Chhattisgarh Through The P S Devendra Nagar, Raipur, Dist. Raipur C.G. ... Non-applicant For Applicant : Mr. N.Naha Roy, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, 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. 439/2024 registered at Police Station – Devendra Nagar District - Raipur (C.G.) for the offence punishable under Sections 318(4) & 3(5) of the BNS 2023. 2. As per the prosecution story, in short, on 23.12.2024, the complainant, who happens to be a wholesale medicine seller, in order to procure medical supplies from Hindustan Antibiotics Agrovet Division, paid a VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.12 12:54:03 +0530 2 sum of Rs. 7,88,954, which later turned out to be a fraud. The registration of the FIR led to a detailed investigation by the police, followed by the filing of a charge sheet under Sections 318(4) and 3(5) of the BNS, 2023. 3. The applicant submits that he is innocent and has been falsely implicated, and he believes he shall be acquitted by the learned trial court after trial. The prosecution has concocted a case unsupported by evidence, as no financial transaction was ever made with the complainant, no money was credited to the applicant’s bank account, and there is no proof of any phone calls made to dupe the complainant. The applicant has been in custody since 03.06.2025, the charge-sheet has already been filed, yet there has been no speedy progress in the trial, with a strong likelihood of further delay, thereby causing undue hardship to his liberty. The applicant, a resident of Mahegpur, Ward No. 45, Nana B C Ganj, District Bareilly, Uttar Pradesh, is willing to furnish adequate surety and undertakes to comply with all directions and conditions that may be imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 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, including the fact that the applicant has no criminal antecedents, and 3 further considering that the charge-sheet has already been filed before the competent Court and the applicant has been in judicial custody since 03.06.2025, and that the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Ajam Ansari, involved in Crime No. 439/2024 registered at Police Station – Devendra Nagar District - Raipur (C.G.) for the offence punishable under Sections 318(4) & 3(5) of the BNS 2023, be released on bail on his 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 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 4 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- S Sd/- (Ramesh Sinha) Chief Justice vaibhav