1 2025:CGHC:48575 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6757 of 2025 • Loknath Khunte S/o Chaituram Khunte Aged About 45 Years R/o Village- Savitripur, Police Station - Sankara, Tahsil- Pithoura, District- Mahasamund (C.G.) (Government Teacher) ... Applicant versus • State of Chhattisgarh Through - Police Outpost- Bhanwarpur, Police Station- Basna, District- Mahasamund (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Kishore Narayan, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 236/2025, registered at Police Outpost – Bhanwarpur, Police Station – Basna District – Mahasamund (C.G.) for the offence punishable under Sections 420/34 of the Indian Penal Code (for short, IPC). 2. The case of the prosecution, is that the report was lodged by the complainant that the applicant and his wife co-accused Sangita VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.23 17:50:03 +0530 2 Khunte had come to her house for taking their house on rent. They told that both of them are Government teacher. The complainant gave her house on rent to the applicant. The complainant got acquainted with the applicant and co-accused Sangita Khunte. The applicant told the complainant that she could invest money in the share market with becomes double in 18 months. Thereafter applicant gave Rs.2,48,000/- to the applicant. It is also alleged that in the similar manner, Rs.4,50,000/- was taken from Pitamber Patel, Rs.8,00,000/- was taken from Jyoti Ogre and Rs.3,75,000/- was taken from Hemlata Banjare and Dhrupat Lal Nayak. Thereby the applicant has allegedly taken Rs.18,73,000/- from five persons. Therefore FIR has been registered against the applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 15.06.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the applicant told the complainant that he could invest money in the share market with becomes double in 18 months. Thereafter complainant gave Rs.2,48,000/- to the applicant and cheated by the applicant and co- accused, therefore, he is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 15.06.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Loknath Khunte, involved in Crime No.236/2025, registered at Police Outpost – Bhanwarpur, Police Station – Basna District – Mahasamund (C.G.) for the offence punishable under Sections 420/34 of the Indian Penal Code (for short, IPC), 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 4 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 vaishali