1 2025:CGHC:51374 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8213 of 2025 Arun Kumar Dwivedi S/o Shri Late Lal Bihari Dwivedi Aged About 47 Years R/o Kachwara, Post Beeda Police Station Semariya, District : Rewa, Madhya Pradesh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Rajim, District : Gariyabandh, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Nikhil Tiwari, Advocate appeared through video conferencing and Mr. Aman Pandey, Advocate. For Respondent(s) : Dr. Saurabh K. Pande, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/10/2025 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. 408/2024 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Rajim, District : Gariyabandh (C.G.) for the offence punishable under Sections 420, 409, 120-B, 34 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that the complainant Santosh Dewangan lodged a written complaint against present applicant and other co-accused persons, that they had created fake company namely 'Trade Expo' and promoted the company through YouTube channel and zoom app and in the name of offering daily profit in percentage cheated the complainant and others with around Rs. 4,83,30,000/- (Four Crore, Eighty Three Lac, Thirty Thousands). Hence, this application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that six of the identically situated co- accused persons, namely, Yashwant Kumar Nag, Kamlesh Kumar Sahu, Sharadchand Sharma, Abhishek Singh Gaharwar, Ajay Kumar Vishwakarma and Rajaram Tarak have already been granted bail by this Court vide orders dated 19.03.2025, 19.03.2025, 11.04.2025, 16.04.2025, 22.04.2025 and 03.09.2025 in MCRC No.94 of 2025, 299 of 2025, 2858 of 2025, 2920 of 2025, 3062 of 2025 and 4450 of 2025, respectively. The applicant is in jail since 23.12.2024, the applicant has four criminal antecedents of the years 2024 and 2025 of similar nature in the State of Madhya Pradesh, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail 3 application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant, along with other co-accused persons, allegedly created a fake company named “Trade Expo”, promoted it through YouTube and Zoom, and cheated the complainant and others of Rs.4,83,30,000/- by falsely promising daily profit returns, therefore, applicant is not entitled for grant of bail. 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 and gravity of offence, period of detention of the applicant since 23.12.2024, the fact that though the applicant, along with other co-accused persons, allegedly created a fake company named “Trade Expo”, promoted it through YouTube and Zoom, and cheated the complainant and others of Rs.4,83,30,000/- by falsely promising daily profit returns, but considering the fact that six of the co-accused persons, against whom similar allegation has been levelled, namely, Yashwant Kumar Nag, Kamlesh Kumar Sahu, Sharadchand Sharma, Abhishek Singh Gaharwar, Ajay Kumar Vishwakarma and Rajaram Tarak have already been granted bail by this Court vide orders dated 19.03.2025, 19.03.2025, 11.04.2025, 16.04.2025, 22.04.2025 and 03.09.2025 in MCRC No.94 of 2025, 299 of 2025, 2858 of 2025, 2920 of 2025, 3062 of 2025 and 4450 of 2025, respectively also considering the criminal antecedents of the applicant, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is 4 entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Arun Kumar Dwivedi, involved in Crime No. 408/2024 registered at Police Station Rajim, District : Gariyabandh (C.G.) for the offence punishable under Sections 420, 409, 120-B, 34 of the Indian Penal Code, be released on bail on his furnishing a 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 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 court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of 5 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 Akhil