1 2025:CGHC:53603 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7021 of 2025 Pushpendra Singh Rathore S/o Ramsingh Rathore Aged About 48 Years R/o Maharana Pratap Nagar, Behind PG College, Ward No. 9, Pali Road, Shyopur M.P. ... Applicant versus State Of Chhattisgarh Through Police Station New Rajendra Nagar Raipur District - Raipur Chhattisgarh ... Respondent For Applicant : Shri Sanjay Agrawal, Advocate. For Respondent/State : Dr. Saurabh Kumar Pande, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/11/2025 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 applicant who has been arrested in connection with Crime No.156/2019 (As per charge sheet) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.04 11:11:50 +0530 2 registered at Police Station New Rajendra Nagar, District- Raipur (C.G.) for the offence punishable under Sections 420, 406, 409, 34 of the Indian Penal Code and section 3, 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1982 and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005. 2. Case of the prosecution, in brief, is that complainant Jagtu Ram Nishad has lodged report to the concerned police station with intend that he was working in Chit Fund Company Future Gold Infrabuild India Ltd. Progressive Point which is situated at Fruit Market Lalpur, Dhamtari Road, Raipur Chhattisgarh and head office A-64, Second Floor Sector-4, Noida U.P. and the Director of the said company is Satyendra Singh Bhadouria and the investors have deposited some amount in the said company for scheme of money income and annual pension, but said company did not return the said deposited amount and closed the company. Based upon such report, police has registered the offence under section 420, 406, 34 of the Indian Penal Code and section 3, 4 of the of the Prize Chits and Money Circulation Schemes (Banning) Act 1982 and Section 10 of the Chhattisgarh Protection of Depositors Interest Act 2005 against the accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the case and he has not committed any offence as alleged in the prosecution case. He would submit that three cases have been registered against the applicant for a similar offence. He would submit that the applicant 3 is not the Director of the said company nor he is an employee of the said company he has been arrayed as an accused only on the basis of suspicion. He would submit that the applicant have neither obtained any amount nor obtained any benefit of the alleged amount. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 01/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. 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 applicant, period of detention of the applicant since 01/06/2025, 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 applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Pushpendra Singh Rathore, involved in Crime No.156/2019 (As per charge sheet) registered at Police Station New Rajendra Nagar, District- Raipur (C.G.) for the offence punishable under Sections 420, 406, 409, 34 of the Indian Penal 4 Code and section 3, 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1982 and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005, be released on bail on his furnishing a personal bond with two local 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. 5 (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. 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