1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5759 of 2025 • Aadesh Kumar Bairiha S/o Raju Bairiha (Wrongly Mentioned As Raju Baiga) Aged About 31 Years R/o By Caste Domar, R/o Haldibadi, Chirmiri, Thana- Tahsil, Chirmiri, Distt. Manendragarh- Chirimiri-Bharatpur, C.G. ... Applicant versus • The State Of Chhattisgarh Through Police Station Manendragarh, Distt. M.C.B., C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Parag Kotecha, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.08.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail, as he has been arrested in connection with Crime No.120/2025, registered at Police Station Manendragarh, District – MCB (C.G.) for the offences punishable under Sections 420 of the IPC. 2. The prosecution story in brief, is that, the applicant that by showing the land of another person as his land, entered in to an agreement VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.23 11:04:49 +0530 2 with the complainant and had taken fraudulently Rs.2 Lakhs from the complainant namely Santosh Kumar Singh. That on enquiry, it was found that owner of the agreed land is some different person namely Vevikanand Sarkar and his family member and in this manner the complainant was cheated. Hence an offence under aforesaid section was registered against the applicant. 3. It was argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It has been argued by learned counsel for the applicant that applicant has been impersonated the complainant and sold the property in question and taken Rs.2 Lakhs, further he had issued the cheque which was dishonored thereafter, the complainant had filed a complaint under Section 138 of Negotiable Instrument Act on 03.06.2024 and FIR has been lodged against the present applicant after one year. The applicants are in jail since 04.07.2025, 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 counsel for the State opposes the bail application and submits that the applicant has 16 complaint under the Negotiable Instrument Act, which was filed by the various persons, who were taken money by the applicant and applicant issued the cheque and same was dishonored thereafter complaints have been filed against the applicant, it appears that applicant is a habitual offender, therefore, he is not entitle for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and 3 gravity of the offence, material available in the case dairy and the fact that applicant has been impersonated the complainant and sold the property in question and taken Rs.2 Lakhs, further he had issued the cheque which was dishonored thereafter, the complainant had filed a complaint under Section 138 of Negotiable Instrument Act on 03.06.2024, Further 16 complaints have been filed against the applicant under the Negotiable Instrument Act, which was filed by the various persons, who were taken money by the applicant, applicant issued the cheque and same was dishonored thereafter complaints have been filed against the applicant, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant- Aadesh Kumar Bairiha, involved in Crime No.120/2025, registered at Police Station Manendragarh, District – MCB (C.G.) for the offences punishable under Sections 420 of the IPC is rejected. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible, in accordance with law, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali