1 2025:CGHC:55180 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7986 of 2025 1 - Ram Niwas S/o Mahaveer Prasad Aged About 36 Years R/o Khojas P.S. Gothda Tahsil - Barwa District- Jhunjhun (Rajasthan) 2 - Manish Kumar S/o Mahesh Singh Aged About 26 Years R/o Ward No. 09 BIA Colony, Mukundgarh Kasure District- Jhunjhunu (Rajasthan) ...Applicants versus State Of Chhattisgarh Through Station House Officer P.S. Rajhra District- Balod (C.G.) ... Respondent For Applicants : Shri Arvind Sinha, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/11/2025 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 applicants who have been arrested in connection with Crime GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.13 16:00:37 +0530 2 No.232 of 2025 registered at Police Station Rajhara District - Balod (C.G.) for the offence punishable under Sections 317(4), 318(4), 3(5) of BNS Act 2023 and section 66d of I.T. Act. 2. Case of the prosecution, in brief, is that the complainant had lodged written report before the police station alleging that, on 07.05.2025 in the whats-app group link Poineer Forum vip-111A number 9039775378 has informed that, if the complainant wants to deposit the amount in share trading business, the share holders would be benefited and getting huge amount, though the complainant deposited the amount of Rs. 35,86,740/- between the period of 28.05.2025 to 30.06.2025 but after some time, the said company neither returned the said amount nor given any benefit in share trading business though the company has cheated the complainant. Hence this bail application. 3. Learned counsel for the applicants submit that the applicants have been falsely implicated in this offence and there is no incriminating material against the applicants. He would submit that there is no evidence with regard to committing of offence against the present applicants, only on the basis of memorandum of statement of other accused, the applicants have been implicated. He would submit that there is no transaction had been done between the applicants and complainant and the amount which was deposited in the bank account of applicant no. 1 has been transferred in the account of complainant and therefore the compromise has been done between the applicant and complainant. He would submit that co-accused person namely Vivek Kumar has been granted bail by this Court on 8/10/2025 vide MCRC No.6691/2025. He would submit that the charge sheet has 3 been filed in this case, the applicants are in jail since 26/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. Learned State Counsel do not dispute the fact that co-accused person namely Vivek Kumar has been granted bail by this Court on 8/10/2025 vide MCRC No.6691/2025. 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 of allegation levelled against the applicants, further the fact that co-accused person namely Vivek Kumar has been granted bail by this Court on 8/10/2025 vide MCRC No.6691/2025, period of detention of the applicants since 26/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Ram Niwas & Manish Kumar, involved in Crime No.232 of 2025 registered at Police Station Rajhara District - Balod (C.G.) for the offence punishable under Sections 317(4), 318(4), 3(5) of BNS Act 2023 and section 66d of I.T. Act, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this 4 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants 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 them in accordance with law. 8. 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 gouri