1 2025:CGHC:57492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9585 of 2025 Surendra Singh Kariyam S/o Dharam Singh Aged About 43 Years R/o Village Shivnagar, Tahsil Premnagar, District Surajpur, (C.G.) ... Applicant versus State of Chhattisgarh Through SHO P.S. Kotwali, District Raipur, (C.G.) ... Non-applicant For Applicant : Mr. Ankur Diwan, Advocate appeared through video conferencing. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 26.11.2025 1. This is the First bail application 8led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 50/2025 registered at Police Station : Kotwali, District Raipur (C.G.) for the o;ence punishable under Sections 318(4), 3(5), 341, 342, 336, 338, 340 of the Bhartiya Nyaya Sanhita, 2023 and Section 10 of the C.G. P.D.I. Act. 2. As per the prosecution story, it is alleged that on 03.04.2025, the complainant appeared at Police Station Kotwali, Raipur, and submitted a written complaint stating that persons associated with RV Company, Ambikapur, and Spash Advisors Private Limited, Raipur, who are ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.27 10:41:49 +0530 2 referred to as “connectors,” identify persons in their vicinity who are in need of loans but either do not qualify for loans on a salary basis or already have existing loans. These connectors assure such persons that they can obtain loans. It is alleged that the said companies have arrangements with various banks and 8nance institutions such as HDFC, ICICI, Bandhan, Axis, IDFC, Kotak, etc. The connectors persuade people that although they may not be eligible for substantial loans based on their salary, they can still get higher loan amounts through the company’s inEuence. They further assure the individuals that the company will take 50% of the sanctioned loan amount as its share because the loan has been approved through their e;orts, and the company will also pay the loan installments for 5 to 6 years. The connectors collect essential documents from people such as PAN Card, Aadhaar Card, salary slip, bank statement, etc. Loans were allegedly sanctioned by taking personal loans from various banks. Money transactions were carried out through the accounts of Manoj Pradhan, Surendra Singh Kariham of RV Company, and Abhay Kumar Gupta and Rajiv Hussain of RV Company Raipur. It is further alleged that a loan of Rs. 72,15,399/- was sanctioned in the name of Tribhuvan Singh, out of which Rs. 36,07,696/- was misappropriated. Similarly, by getting loans sanctioned in the names of other individuals, a total fraud of Rs. 1,03,08,196/- was committed. Initially, an FIR was registered against four persons - Abhay Gupta, Manoj Pradhan, Surendra Singh Kariyam, and Rajiv Hussain, who were the directors/partners of the company. Thus, the applicant has been arrested by the Police of Police Station Kotwali, District Raipur, on 12.04.2025, in Crime No. 50/2025, for the alleged o;ences under Sections 318(4), 3(5), 341, 342, 336, 338, 340 of BNS and Section 10 of the CGPDI Act, 2005. 3 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the other co-accused persons, namely, Manoj Kumar Bhagat, Ragif Hussain @ Vashu AND Abhay Kumar Gupta alias Abhaykant Gupta have already been granted regular bail by this Court in MCRC Nos. 7593 of 2025, MCRC No. 7613 of 2025 and MCRC No. 7477 of 2025 vide order dated 06.11.2025. He also submits that the present applicant has only 01 criminal antecedent of the similar nature which is still pending. He submits that the present applicant has been in jail since 12.04.2025, conclusion of the trial may take some time, he prays for the grant of regular bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge sheet has been submitted before the competent court in the present case. He further submits that the applicant has 02 additional criminal antecedents of a similar nature, which indicates that the applicant is a habitual o;ender. Therefore, the applicant is not entitled to the grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the o;ence, and the fact that although the applicant has two additional criminal antecedents of a similar nature, the identically situated co-accused persons, namely, Manoj Kumar Bhagat, Ragif Hussain @ Vashu, and Abhay Kumar Gupta alias Abhaykant Gupta, have already been granted regular bail by this Court in MCRC Nos. 7593 of 2025, 7613 of 2025, and 7477 of 2025 vide order dated 06.11.2025, and further considering that the charge sheet has already been submitted 4 before the competent court and the applicant has been in jail since 12.04.2025, and that the trial is likely to take some time for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let applicant, Surendra Singh Kariyam, involved in Crime No. 50/2025 registered at Police Station : Kotwali, District Raipur (C.G.) for the o;ence punishable under Sections 318(4), 3(5), 341, 342, 336, 338, 340 of the Bhartiya Nyaya Sanhita, 2023 and Section 10 of the C.G. P.D.I. Act, be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall 8le an undertaking to the e;ect that he shall not seek any adjournment on the dates 8xed 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 8xed, either personally or through his counsel. In case of his absence, without suHcient 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 8xed in such proclamation, then, the trial court shall initiate 5 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 8xed 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 suHcient 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. OHce is directed to send a certi8ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek