1 2025:CGHC:60592 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10303 of 2025 Yatish Sinha S/o Mahesh Sinha Aged About 27 Years R/o Amplipara, Khairagarh Police Station and Tahsil Khairagarh, District- Khairagarh Chhuikhadan Gandai, Chhattisgarh, ... Applicant versus State of Chhattisgarh Through- The District- Magistrate District- Khairagarh Chhuikhadan Gandai, Chhattisgarh, ... Non-Applicant For Applicant : Mr. Siddharth Pandey, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.12 .202 5 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. 348/2025, registered at Police Station – Khairagarh, District - Khairagarh Chhuikhadan Gandai (C.G.) for the offence punishable under Section 318(4) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on 17.07.2025, the complainant, Bhagwati Sahu, lodged a written report alleging that during the construction of her house, she came into contact with the present applicant, and both used to PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.12 19:27:23 +0530 2 visit each other’s homes. It is alleged that the applicant claimed to have secured employment for several persons in the Education Department and assured her that he could also arrange a job for her son, Tikendra Sahu, for which he demanded Rs.10,00,000/-. Relying on this assurance, the complainant arranged Rs.6,90,000/-, which the applicant allegedly received in three installments: Rs.3,00,000/- on 02.05.2025, Rs.3,00,000/- on 05.05.2025, and Rs.90,000/- on 07.05.2025. When no employment was provided, the complainant demanded a refund, whereupon the applicant issued three cheques: (i) Rs.70,000/- dated 14.05.2025 (Cheque No. 000109), (ii) Rs.3,50,000/- dated 25.05.2025 (Cheque No. 000113), and (iii) Rs.90,000/- dated 16.06.2025 (Cheque No. 000112), all drawn on HDFC Bank. These cheques were dishonoured upon presentation. It is alleged that the applicant thereafter avoided returning the money. Based on these allegations, an FIR was registered against him for the offence punishable under Section 318(4) of the BNS vide Crime No. 348/2025 dated 14.07.2025. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the present applicant has been arrested on the basis of suspicion by the police, further the applicant has two previous criminal antecedents, out of which one is under the BNS and another is under the Gambling Act which are pending, the charge-sheet has been filed in this case and the applicant is in jail since 14.07.2025 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 of the applicant and submits that the charge-sheet has been filed in the present case. He further submits that the applicant has two previous criminal antecedents, therefore the applicant is not entitled for grant of 3 bail. 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 the applicant has two previous criminal antecedents which are pending, the charge-sheet has been filed in this case and, the applicant is in jail since 14.07.2025, and conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 7. Accordingly, the bail application is allowed. Let applicant - Yatish Sinha, respectively involved in Crime No. 348/2025, registered at Police Station – Khairagarh, District - Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Section 318(4) of Bharatiya Nyaya Sanhita, 2023, 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. 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 applicants 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 Preeti