1 2025:CGHC:44023 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6831 of 2025 Anil Hotwani S/o Late Amarlal Hotwani Aged About 49 Years R/o F-7, Chadkya Complex Devendra Nagar, District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Devendra Nagar Raipur, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ali Afzaal Mirza, Advocate. For Respondent(s) : Mr. Atanu Ghosh, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/08/2025 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. 78/2025 registered at Police Station Devendra Nagar Raipur, District- Raipur (C.G.) for the offence punishable under Sections 420, 120-B of the Indian Penal Code. 2. Case of the prosecution, in brief, is that the complainant, namely Ms. Pooja Jha, who is the Branch Manager of ISAF Small Finance AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bank Limited, Devendra Nagar Branch, Raipur, and has been working there since 2022, made a written complaint at Police Station Devendra Nagar, Raipur. In her complaint, she stated that the present applicant opened a Savings Bank Account on 18.04.2024, and thereafter, obtained two gold loans on 18.04.2024 and 25.04.2024 by pledging a total of 10 pieces of gold bangles, weighing approximately 208.80 grams, against which he obtained a loan amount of Rs. 10,05,738/-. Subsequently, it was discovered that the gold bangles pledged by the applicant were fake and artificial, thereby causing financial loss to the Bank by way of cheating. The complainant got the jewellery verified from a jeweller, and it was found to be fake gold. Hence, on the basis of her written complaint, an FIR bearing Crime No. 78/2025 was registered for the offences punishable under Sections 420 and 120-B of the Indian Penal Code at Police Station Rajendra Nagar, Raipur (C.G.). After completion of investigation, a charge-sheet has been filed before the learned Judicial Magistrate First Class, Raipur (C.G.) on 10.06.2025. 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 bail applications of identically situated co-accused persons, namely, Gaurav Verma and Vicky Wadhwani have already been allowed by this Court vide orders dated 16.07.2025 and 20.08.2025 in MCRC Nos.3875 of 2025 and 6556 of 2025, respectively. The applicant is in jail since 24.04.2025, so far as criminal antecedent of the applicant is 3 concerned, applicant has one criminal antecedent of the year 2023 under the IPC, charge-sheet has been filed in the present case and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case, but could not dispute the fact that co-accused persons have already been granted regular bail by this Court. He further submits that the applicant has one criminal antecedent of the year 2023 under the IPC, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the materials appended with the bail application. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 24.04.2025, also considering the fact that the bail applications of co-accused persons, namely, Gaurav Verma and Vicky Wadhwani have already been allowed by this Court vide orders dated 16.07.2025 and 20.08.2025 in MCRC Nos.3875 of 2025 and 6556 of 2025, respectively and the case of present applicant is identical to that of the aforementioned co-accused persons, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent of the year 2023 under the IPC, 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. 4 7. Accordingly, the application is allowed. 8. Let the Applicant-Anil Hotwani, involved in Crime No. 78/2025 registered at Police Station Devendra Nagar Raipur, District- Raipur (C.G.) for the offence punishable under Sections 420, 120-B of the 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 is deliberate 5 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