1 2025:CGHC:57557 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8725 of 2025 Makrand Sahu S/o Heerudas Sahu Aged About 33 Years Caste Teli, R/o Village- Chhote Kusmi, Ward No. 12, Tahsil- Dongargarh, District Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O., Police Station- Dongargarh, Distt- Rajnandgaon (C.G.) ... Respondent For Applicant : Shri Keshav Dewangan, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/11/2025 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.115/2025 registered at Police Station Dongargarh, District - Rajnandgaon (C.G.) for the offence punishable under Sections 411, 413, 414 and 420/34 of Indian Penal Code. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.27 18:24:51 +0530 2 2. Case of the prosecution, in brief, is that on 18.03.2025 as per direction of Central Government, Home Department, the concerned Sub- Inspector, Police Station - Dongargarh registered the FIR under section 411,413 and 414 of Indian Penal Code against the unknown person by stating that in Bank Account No. 785901500156 on 06.12.2023 a Rs. 12,000/- and on 07.12.2023 a Rs. 2,000/- total sum of Rs. 14,000/- has been deposited in the said bank account and Bank Account number 785905500031 on 04.04.2024 Rs. 27,000/- has been deposited in the said account. That during investigation, the concerned police found that the account number 785901500156 is in the name of one Ramesh Sahu and after recording the statement of Ramesh Sahu he stated that, he has handed over some relevant document for opening he bank account in ICICI bank to the present applicant and the present applicant using the same till date and the aforesaid amount has been deposited in his account illegally, due to which the concerned police arrested the present applicant and recorded his statement and as per the statement recorded by the concerned police, the present applicant stated that one Subham Tiwari has directed to me for open the bank account in which he stated that they will pay 5,000/- per account and he paid Rs. 5,000/- to the present applicant per account holder. After recording the said statement the concerned police added the offence under section 420/23 of IPC and filed the charge sheet before the concerned magistrate under the aforsaid offences. 3. Learned counsel for the applicant submits that the applicant is innocent and he has no connection with the alleged crime whatsoever. He would submit that the present applicant is innocent person and playing fraud, the accused Subham Tiwari obtained the entire papers of the present 3 applicant with regard to opening of bank account and due to business between both the parties, the transaction in the account of Ramesh Sahu has been done. He would submit that from per perusal of the challan it shows that the crime has been committed by the one Subham Tiwari and as per allegation against the present applicant, he has committed fraud of Rs.14,000/- only, which is false. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 8/07/2025 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 submit that in compliance of the Courts order dated 3/11/2025 concerned Investigating Officer has filed his personal affidavit wherein it is stated that in the memorandum statement the present applicant/ accused has stated that one Human Verma had told him he has required bank account for the purpose of gamming and for the same, he will give Rs 5,000/- for each account, thereafter, he opened accounts of Ramesh Sahu, Gajendra Nishad, Gyan Das Chelak and Ajay Verma and others and sold each account to Human Verma for Rs 5000/-. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, considering the period of detention of the applicant since 8/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some 4 time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Makrand Sahu , involved in Crime No.115/2025 registered at Police Station Dongargarh, District - Rajnandgaon (C.G.) for the offence punishable under Sections 411, 413, 414 and 420/34 of 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 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. (iv) The applicant shall remain present, in person, before the trial 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri