1 2025:CGHC:49790 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7806 of 2025 Sandeep Ganguli Alias Golu S/o Shri Udayshankar Ganguli, Aged About 39 Years (Wrongly Mentioned As Sandeep Gangoli In The Cause Title Of The Ld. Lower Court) R/o House 75, In Front Of Hansa Video Centre, Siddharth Chowk, Tikra Para, Raipur (C.G.) ... Applicant(s) versus The State Of Chhattisgarh Through Police Station In-Charge Police Station City Kotwali, Rajnandgaon (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ankit Singhal, Advocate. For Respondent(s) : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/10/2025 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. 694/2024 registered at Police Station City Kotwali, Rajnandgaon (C.G.) for the offence punishable under Sections 420, 419, 468, 471, 34 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that the co-accused through her AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 mobile contacted Mukesh Banjare on his mobile, she induced him on the pretext of securing employment for his brother (Abhishek Banjare) on the post of Peon at Manpur-Mohla-A.O. Chowki. Upon which an amount was withdrawn from the State Bank of India, Main Branch, Rajnandgaon, from the account of Rajesh Banjare (father of Mukesh Banjare), and deposited into her account. The said co- accused in connivance with present applicant, namely, Sandeep Ganguly, obtained a total sum of Rs. 3,00,000/- from Mukesh Banjare in six installments, which were deposited in her bank account, the applicant in collusion with co-accsued, prepared forged documents in the form of a fabricated appointment letter and by such fraudulent means, cheated Mukesh Banjare into parting with the said sum of Rs. 3,00,000/-. Accordingly, the crime was registered and the applicant was arrested. 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 the co-accused, namely, Kiran Agrawal in collusion with whom, present applicant is allegedly committed the crime and who is the principal conspirator of the crime has already been granted regular bail by this Court vide order date 12.09.2025 in MCRC No.7337 of 2025. The applicant is in jail since 03.07.2025, the applicant has no criminal antecedent, 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 application and submits that the charge-sheet has been filed in the 3 present case. He further submits that the applicant in collusion with other co-accused person, has obtained money to the tune of Rs.3,00,000/- from the complainant on the pretext of providing job, therefore, the 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 03.07.2025, and the fact that the allegation against the applicant that he in collusion with co-accused allegedly obtained money to the tune of Rs.3,00,000/- from the complainant on the pretext of providing job, but considering the fact that the applicant has no criminal antecedent and co-accused, namely, Kiran Agrawal has already been granted regular bail by this Court vide order dated 12.09.2025 in MCRC No.7337 of 2025, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Sandeep Ganguli Alias Golu, involved in Crime No. 694/2024 registered at Police Station City Kotwali, Rajnandgaon (C.G.) for the offence punishable under Sections 420, 419, 468, 471, 34 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:- 4 (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 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