1 2025:CGHC:57496 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9574 of 2025 Goutam Kundu S/o Nirmal Kundu Aged About 56 Years Resident of 71 Jaisor Road, Police Station Parasath, District 24 Pargana, West Bengal And 32/51 A Pandighosh Road, Kolkata (West Bengal) ... Applicant versus State of Chhattisgarh Through The Station House O2cer Police Station Balkonagarh District Korba Chhattisgarh ... Non-applicant For Applicant : Mr. Jitendra Shukla, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.11.2025 1. This is the ;rst bail application ;led 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. 261/2015 registered at Police Station Balkonagar, Korba (C.G.), for the o>ences punishable under Sections 420, 409, 406, 120-B read with Section 34 of the Indian Penal Code and Section 3, 4, 5 of the Prize Chits & Money Circulation Schemes (Banning) Act and Section 10 of the Chhattisgarh Protection of Depositors Interest Act. 2. As per the prosecution story in brief, the complainant lodged a report before the concerned police station stating that the investor had ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.27 10:41:26 +0530 2 deposited an amount of Rs. 3,00,000/- on the pretext of receiving double the invested money, but the same was not provided by the accused persons. Based on the complainant’s report, the police registered the crime as mentioned above and ;led the charge sheet before the concerned Court. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that the applicant has neither committed nor participated in any act that may amount to any of the o>ences mentioned above. He submits that besides the above, the evidence collected by the prosecution is also not prima facie su2cient to hold the applicant guilty of the aforesaid o>ences. He also submits that the investors have not deposited any amount on the pretext of the present applicant for doubling the invested money. The applicant has not committed any of the aforesaid o>ences as alleged by the prosecution and has been falsely implicated in connection with this crime. The allegations made against the applicant by the complainant are false and baseless, as the applicant has neither obtained any amount in question nor committed any of the o>ences alleged by the prosecution. He also submits that a total of 10 criminal cases have been registered against the applicant, out of which in 7 cases, the applicant has been granted bail; in 1 case, bail has been granted by the learned Court below; and in 1 case, the applicant has been acquitted, copies of the same have already been annexed with the present bail application. He submits that the other co-accused persons, namely, Ashok Kumar Saha and Shibamoy Dutta have already been granted regular bail by this Court in MCRC Nos. 8187 of 2025 and 9385 of 2025 vide orders dated 13.11.2025 and 20.11.2025 and the present applicant has been in jail since 11.04.2015, conclusion of the trial may 3 take some time, therefore, he prays for grant of regular bail to the 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 in the present case. 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 the fact that the other co-accused persons namely, Ashok Kumar Saha and Shibamoy Dutta have already been granted regular bail by this Court in MCRC Nos. 8187 of 2025 and 9385 of 2025 vide orders dated 13.11.2025 and 20.11.2025 and also considering the fact that the charge sheet has already been submitted in the present case before the competent court and the applicant has been in jail since 11.04.2015, and that the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in the present case on the ground of parity. 7. Let the Applicant – Goutam Kundu, involved in Crime No. 261/2015 registered at Police Station Balkonagar, Korba (C.G.), for the o>ences punishable under Sections 420, 409, 406, 120-B read with Section 34 of the Indian Penal Code and Section 3, 4, 5 of the Prize Chits & Money Circulation Schemes (Banning) Act and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, be released on bail on his 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 ;le an undertaking to the e>ect that he shall not seek any adjournment on the dates ;xed for evidence when the witnesses are present in court. In case 4 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 ;xed, either personally or through his counsel. In case of his absence, without su2cient 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 ;xed 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 ;xed 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 su2cient 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. O2ce is directed to send a certi;ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek