1 2025:CGHC:53939 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7797 of 2025 Delux Markam, Aged About 30 Years, S/o Rajju Markam, R/o Vill- Chiprel, Tah. Keshkal, District- Kondagaon (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O. P.S. Kanker District- North Bastar Kanker (C.G.) ... Respondent For Applicant : Shri Ravindra Sharma, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. For complainant : Shri Shreyansh Pathak, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.148/2025 registered at Police Station Kanker, Dist.- North Bastar Kanker (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 of I.P.C. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.06 19:27:47 +0530 2 2. Case of the prosecution, in brief, is that complainant Aparna Ramteke lodged the written complaint stating that her father is running a clinic in the Santoshi Medical Complex where the co-accused Alim Khan came into contact of his father during the treatment of his wife, in between good relationship was developed between them and he represented himself as an employee of one company situated at Kolkata and informed him that if he deposited an amount, then the amount will get doubled within short span of time, and relying upon his statement her father deposited Rs. 2,00,000/-in the company but after sometime he was informed that the company suffered big loss therefore the amount deposited by him went in vain and further informed that presently the co-accused has joined another company where he can invest an invest amount and get profit, thereafter the father of the complainant again invested the amount between the period of January 2019 to December 2019, thereafter in the year 2021 to 2024, the co-accused Alim Khan has received the amount in cash and through online transactions, that presently her father demanded his money back then the co-accused/Alim Khan has denied to repay the amount. On the complaint of the complainant and others P.S. Kanker registered the Crime No.148/2025 for the alleged offence punishable U/s 420, 467, 468, 471, 34 of IPC and arrested the applicant and the other co- accused on 13.07.2025 and after investigation filed the charge sheet against the present applicant and co-accused/Alim Khan and Shayara Bano on 10.09.2025. 3. Learned counsel for the applicant submitted that the applicant happens to be the driver of Alim Khan and the applicant along with the wife of the Alim Khan has also been made an accused and main allegation is 3 against Alim Khan who has allured the complainant and has taken money for investment in the company. He would submit that co- accused Sayara Bano wife of Alim Khan has been granted bail by this Court in MCRC No.8498/2025 on 28/10/2025. He would submit that the charge sheet has been filed in this case, applicant is in jail since 13/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would further submit that main allegation is against Alim Khan who has allured the complainant and has taken money for investment in the company 5. Learned counsel for the complainant also opposes the prayer for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, further the fact that the applicant happens to be the driver of Alim Khan and the applicant along with the wife of the Alim Khan has also been made an accused and main allegation is against Alim Khan who has allured the complainant and has taken money for investment in the company, further considering the fact that co-accused Sayara Bano wife of Alim Khan has been granted bail by this Court in MCRC No.8498/2025 on 28/10/2025, case of the applicant is distinguishable from the case of Alim Khan, period of detention of the applicant since 13/07/2025, 4 charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed and it is directed that the Applicant- Delux Markam, involved in Crime No.148/2025 registered at Police Station Kanker, Dist.- North Bastar Kanker (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 of I.P.C., 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. (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 the Bharatiya Nyaya Sanhita. 5 (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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri