1 2025:CGHC:52597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8507 of 2025 Sandeep Lal S/o Birju Lal, Aged About 38 Years, R/o Ward No. 40, Sonawani, P.S. and Tahsil Chirmiri, District- M.C.B. (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Chirmiri, District- M.C.B. (C.G.) ... Non-Applicant For Applicant : Mr. Vasant Zokarkar, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.10.2025 1. This is the First 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. 100/2025 registered at Police Station - Chirmiri, District- M.C.B (C.G.) for the offences punishable under Section 420 of the Indian Penal Code. 2. As per the prosecution story in brief, one complainant, Smt. Vishnu, wife of late Nirakar, lodged a complaint at Police Station Chirmiri, District M.C.B. (C.G.), stating that the present applicant, on the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.29 11:33:11 +0530 2 pretext of doubling her money, took an amount of Rs.7 lakhs, which was deposited by the complainant through Cheque No. 674971 into the savings account of the present applicant. However, after the completion of the stipulated period, the applicant neither returned the said amount nor fulfilled his promise, thereby committing the offence of cheating. Consequently, on 28.05.2025, an FIR was registered against the present applicant, and on 16.07.2025, the applicant was arrested by the police. 3. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It is further contended that, as per the prosecution story, the alleged incident took place in the year 2023, whereas the FIR was lodged on 28.05.2025, after an unexplained delay of more than two years. The applicant has been in judicial custody since 16.07.2025 and has no criminal antecedents. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge-sheet has been filed. 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, the nature and gravity of the allegations levelled against the applicant, and the fact that the as per the prosecution story, the alleged incident took place in the year 2023, whereas the FIR was 3 lodged on 28.05.2025, after an unexplained delay of more than two years, further the applicant has been in judicial custody since 16.07.2025 and has no criminal antecedents, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the applicant - Sandeep Lal, involved in Crime No. 100/2025 registered at Police Station - Chirmiri, District- M.C.B (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. (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 4 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. 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