1 2025:CGHC:179 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9034 of 2024 Lakhan Soni S/o Shri Jagdish Prasad Soni Aged About 35 Years R/o Address - 59, Employees Colony, Kalapipal Mandi, District - Shajapur (M.P.) ... Applicant versus State of Chhattisgarh Through Station House Officer Police Station - Kanker District - Kanker (C.G.) ... Non-applicant For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2025 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. 127/2017 registered at Police Station Kanker, District Kanker (C.G.), for the offences punishable under Sections 420 and 409 and 34 of the Indian Penal Code and Sections 4, 5 and 6 of Price Chit Fund and Money Circulation Scheme (Banning) Act, 1978 and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005. 2. The prosecution alleges that the applicant, as the Formal Director of 2 Nirmal Infra Home Corporation Limited, accepted deposits from various customers under recurring/fixed deposit schemes and bond schemes, but failed to return the amounts as promised. Since the company was not authorized by the Securities and Exchange Board of India (SEBI) or the Reserve Bank of India (RBI) to conduct such business, offenses were committed under Sections 420, 409, and 34 of the Indian Penal Code, Sections 4, 5, and 6 of the Prize Chit Funds and Money Circulation Schemes (Banning) Act, 1978, and Section 10 of the Chhattisgarh Protection of Depositors' Interest Act, 2005. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that the present applicant has 08 criminal antecedents and the co-accused, namely, Prabal Pratap Singh Yadav, had already been granted bail by this Court vide order dated 22.08.2024 in MCRC No. 4794 of 2024. He further submits that the present applicant is in jail since 22.07.2022 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before competent Court in the present matter. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and further the fact that the co-accused, namely, Prabal Pratap Singh Yadav, had already been granted bail by this Court vide order dated 22.08.2024 in MCRC No. 4794 of 2024. Moreover, the charge - sheet 3 has already been submitted in the present case before the competent Court and he is in jail since 22.07.2022, looking to the period of detention of the present applicant, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Lakhan Soni, involved in Crime No. 127/2017 registered at Police Station Kanker, District Kanker (C.G.), for the offences punishable under Sections 420 and 409 and 34 of the Indian Penal Code and Sections 4, 5 and 6 of Price Chit Fund and Money Circulation Scheme (Banning) Act, 1978 and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005, be released on bail on 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 4 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 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 Abhishek