1 2025:CGHC:50948 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8129 of 2025 • Parvinder Ahluwalia S/o Shri Kishan Dev Ahluwalia Aged About 48 Years R/o House No. 5, Jal Vihar Colony, Raipur, District- Raipur (C.G.) ... Applicant versus • State of Chhattisgarh Through The Police Station Civil Lines, District - Raipur, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. B.P.Sharma with Mr. Chakresh Tiwari, Advocate For State : Mr. Jitendra Shriswastava, Government Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/10/2025 1. This is first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is arrested in connection with Crime No.464/2025 registered at Police Station – Civil Lines, District- Raipur (C.G.) for the offences punishable under Sections 316, 316(5), 3(5) of the BNS, 2023. 2. The case of the prosecution, in briefly, is that sale and purchase transaction of steel, etc of total consideration agreed under various in-voices total amounting to Rs.4,10,94,470/- only and part payment VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.14 18:54:58 +0530 2 has been made of Rs.82,60,000/- and Rs.57,000/- and thereby caused economic loss and since the payment has not been paid and there has been issuance of legal notices etc. on approach has been made to the police office and under 316, 316(5), 3(5) of the BNSS, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case. He further submits that applicant is a intermediate person between the co-accused persons and the complainant and he has falsely made an accused in crime in question. He further submits that minimum punishment under Section 316 of BNS, 2023 is five years and the applicant has no criminal antecedents and he is in jail since 25.09.2025 and the conclusion of the trial is likely to take quite long time, therefore, he submits that the present applicant is entitled to be released on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and charge-sheet has not been filed before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that applicant is a intermediate person between the co-accused persons and the complainant, he has no criminal antecedent, investigation and trial are likely to take time, therefore, I am inclined to grant bail to the present applicant. 7. Let the applicant – Parvinder Ahluwalia, involved in No.464/2025 registered at Police Station – Civil Lines, District- Raipur (C.G.) for 3 the offences punishable under Sections 316, 316(5), 3(5) of the BNS, 2023, 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 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 4 trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali