1 2025:CGHC:57786 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9188 of 2025 Javed Khan S/o Riyaz Khan Aged About 31 Years R/o Railway House, Shanshkritik Niketan Titali Chowk, Police Station - Torwa, Tahsil and District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House Officer, Police Station Civil Lines Bilaspur, District- Bilaspur (C.G.) ... Non-Applicant For Applicant : Ms. Fouzia Mirza, Senior Advocate assisted by Mr. Ahmed Ayaan Mirza, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.11.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 355/2025 registered at Police Station - Civil Lines Bilaspur, District- Bilaspur (C.G.) for the offences punishable under Section 420 of the Indian Penal Code. 2. Earlier first bail application was rejected by this Court on merits vide order dated 16.07.2025 passed in MCRC No. 5559/2025. 3. The prosecution story in brief, is that the complainant, Deepak Rajput, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.27 19:14:52 +0530 2 submitted a written complaint at the Police Station stating that the applicant assured him of securing a government job and, on that assurance, took an amount of Rs. 5 lakh in cash in the presence of Pratap Rajput, Suraj Rajput, Anish Rajput, Deepak Gupta, and Jagmit Khalsha. It is further alleged that the applicant cheated approximately 40 persons and collected a total of around Rs. 80 lakh from them on the false promise of providing government jobs. The applicant was arrested on 03.04.2025, and a final report has been submitted under Section 420 of the Indian Penal Code. 4. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that this is the second bail application of the applicant. She submits that the applicant has been in jail since 03.04.2025 and that, after the intervention of this Court, charges were framed on 25.11.2025. Eight prosecution witnesses are yet to be examined. The applicant undertakes to cooperate with the trial, and it is submitted that he has only one previous criminal antecedent. Therefore, she prays for grant of regular bail to the applicant. 5. On the other hand, learned counsel appearing for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed. He further submits that the first bail application was rejected by this Court on merits vide order dated 16.07.2025 passed in MCRC No. 5559/2025. He also submits that the applicant has one previous criminal antecedent, therefore he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. Taking into consideration the facts and circumstances of the case, and the fact that this is the second bail application of the applicant and the applicant is in jail since 03.04.2025 and that, after the intervention of this Court, charges were framed on 25.11.2025, further the fact that eight prosecution witnesses are yet to be examine, the applicant undertakes to cooperate with the trial, and he has one previous criminal antecedent, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the second bail application of the applicant is allowed. Let the applicant - Javed Khan, involved in Crime No. 355/2025 registered at Police Station - Civil Lines Bilaspur, District- Bilaspur (C.G.) for the offences punishable under Section 420 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 BNS. 4 (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 BNS. (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 are 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. 9. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 10. 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 Preeti