1 2025:CGHC:44404 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6922 of 2025 Ashok Kumar Khande S/o Shyamlal Khande Aged About 35 Years R/o Village Nawagaon, Thana And Tehsil Malkharauda, District Sakti Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh ... Non-applicant For Applicant : Mr. Chandra rakash Lahrey, Advocate. For Non-applicant/State : Dr. Saurabh Pandey, Dy. Ad. General. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 01.09.2025 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. 247/2025 registered at Police Station : Sarangarh, District - Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant has lodged a report to the concerned police Station, alleging that on the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.01 18:35:21 +0530 2 basis of 36 online fraud of the complainant, the Director Amit Kumar and his assistant Ashok Kumar Khande and Komal Prasad Patel have embezzled amount of Rs. 1,12,52,510.20/- through online. Based upon the such complaint, the concerned police station has registered FIR against the accused persons and on the basis of memorandum the concerned police authority has arrested the present applicant in connection of this crime. 3. The applicant submits that he is innocent and has been falsely implicated in the alleged crime, as he has neither received nor benefited from any amount in question, nor has he prepared any forged document, nor committed fraud or cheating with the complainant or investors. He has played no role in the alleged offence, yet has been implicated without sufficient reason, on the basis of a concocted and fabricated story, without proper investigation by the police. It is further submitted that no ingredient of the offences punishable under Sections 317(2), 317(4), 317(5), 111, and 3(5) of the Bhartiya Nyay Sanhita is made out against him. The applicant has been in custody since 29.05.2025. It is also submitted that one co- accused has already been granted bail by this Court in MCRC No. 5211 of 2025 vide order dated 20.08.2025, and the applicant, being the sole earning member of his family, therefore, the applicant prays for grant of regular bail 4. On the other hand learned State counsel opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the facts and circumstances of the case, the nature and seriousness of the offence, and the fact that the applicant’s name appears only in the memorandum statement of the co-accused and no recovery has been made from his possession, it is noted that the applicant has no criminal antecedent and he is in jail since 29.05.2025, and the trial is likely to take some time for its conclusion, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let applicant - Ashok Kumar Khande, involved in Crime No. 247/2025 registered at Police Station : Sarangarh, District - Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local sureties in the like amount 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 4 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 vaibhav