1 2025:CGHC:48402 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6607 of 2025 N Jillaiya @ N Jeetu S/o N Anna, Aged About 35 Years, R/o House No. G-29, Shastri Market, Rajeev Nagar, Gol Bazar, Raipur, District - Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Rajendra Nagar, District - Raipur Chhattisgarh ... Respondent For Applicant : Ms. Divya Sahu, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/09/2025 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.135/2025 registered at Police Station Rajendra Nagar, District - Raipur (C.G.) for the offence punishable under Section 420 of Indian Penal Code. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.22 11:00:26 +0530 2 2. Case of the prosecution, in brief, is that the complainant, Prafull Kumar Banjari submitted a written complaint at the police station stating that in the year 2022, the accused N. Jillaiya @ N. Jeetu promised to arrange a house for the complainant under the Pradhan Mantri Awas Yojana in Amlidih, New Rajendra Nagar, Raipur, through the Raipur Municipal Corporation, for a deal worth Rs.2,00,000/-. The accused took Rs.40,000/- in cash from the complainant on 10.04.2022 and stated that if the complainant brought any acquaintance, he would offer a Rs.10,000/- discount. Subsequently, the complainant paid the accused the following amounts on different dates: Rs.36,000/- on 19.04.2022, Rs.35,000/- on 20.04.2022, Rs.40,000/- on 17.05.2022, Rs.40,000/- on 17.06.2022, Rs.20,000/- on 05.06.2022, Rs.40,000/- on 06.06.2022, Rs.10,000/- on 07.06.2022, Rs.40,000/- on 11.07.2022, Rs.10,000/- on 12.07.2022, Rs.40,000/- on 22.08.2022, Rs.10,000/- on 30.08.2022, Rs.40,000/- on 31.08.2022, Rs.40,000/- on 17.09.2022, Rs.40,000/- on 19.09.2022, Rs.40,000/- on 14.12.2022, Rs.40,000/- on 08.02.2023, and additional cash amounts of Rs.5,000/- and Rs.10,000/- on various other dates. Despite these payments, the accused neither provided the house nor refunded the money. Similarly, the accused took Rs.7,50,000/- from Narmada Khunte, Rs.2,00,000/- from Diksha Jangde, and Rs.2,00,000/-from Sunil Patre, all acquaintances of the complainant. In total, the accused committed fraud amounting to Rs.21,81,000/- and threatened to kill the complainant when asked to return the money. 3 Based on which Crime No.135/2025 was registered at Police Station Rajendra Nagar under Section 420 of the Indian Penal Code and investigation was initiated. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. She would submit that allegations against the applicant involves a financial dispute arising from an alleged promise to arrange a house under the Pradhan Mantri Awas Yojna and the transactions were consensual and based on an agreement. She would submit that the charge sheet has been filed in this case, the applicant is in jail since 04/07/2025 and conclusion of trial will take some time, therefore, she 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 there is no criminal antecedents against the applicant. 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 of allegation levelled against the applicant, further the fact that incident is of the year 2022 and FIR has been lodged in 2025, period of detention of the applicant since 04/07/2025, charge sheet has been filed as stated by learned counsel for the applicant at bar, 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. 7. Accordingly, the bail application is allowed and it is directed that the 4 Applicant- N Jillaiya @ N Jeetu, involved in Crime No.135/2025 registered at Police Station Rajendra Nagar, District - Raipur (C.G.) for the offence punishable under Section 420 of Indian Penal Code, 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:- (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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri