1 2025:CGHC:42476 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5901 of 2025 Vishnu Rajput S/o Late Shri Bjhukhau Rajput, Aged About 68 Years R/o Nigarband, Takhatpur, Bilaspur, District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Reserve Center, Takhatpur, Bilaspur, District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Aditya Tiwari, Advocate. For Non-applicant/State. : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.08.2025 1. This is the first bail application filed 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. 330/2025 registered at Police Station Takhatpur, District – Bilaspur (C.G.), for the offences punishable under Section 420 read with Section 34 of the Indian Penal Code. 2. As per the prosecution story, it is alleged that during the years 2021– 2022, the applicant along with other co-accused persons cheated the complainant by taking a sum of Rs. 43,00,000/- from him on the pretext of providing employment to his family members. However, when the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.22 11:06:10 +0530 2 complainant demanded his money back, the accused persons failed to return the said amount, due to which an unwarranted First Information Report was lodged against the applicant. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the aforementioned case. He submits that the offences mentioned above are not made out against the applicant, as the applicant himself is a victim of extortion committed by the complainant. The complainant has compelled the applicant and his son to return the money which they never received. In this regard, a complaint was also filed before Police Station Takhatpur against the complainant, but no action was taken. He also submits that the main accused in the instant case is Javed Khan, against whom the son of the applicant has lodged a report at Police Station Civil Lines, Bilaspur. In the criminal case pending before the Sessions Court, Bilaspur, the final report has already been submitted and Javed Khan has been arrested at the instance of the complainant’s son. He further submits that in the present case at Police Station Takhatpur, the cheque in question was issued by Javed Khan and his wife, Seema Soni, and the entire amount of Rs. 43,00,000/- was received by Javed Khan and Seema Soni (wife of Javed Khan), who is also a co-accused. He also submits that the present applicant is aged about 68 years having no criminal antecedents and he is in jail since 29.06.2025, conclusion of the trial may take some time, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge sheet has not been submitted before the competent Court in the present case. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by learned counsel for the applicant, and taking into account the fact that the main accused are Javed Khan and his wife, Seema Soni, who have received the entire alleged amount of Rs. 43,00,000/-, moreover, the fact that though the charge-sheet has not been submitted before the competent Court in the present case, the applicant is aged about 68 years having no criminal antecedents and he is in jail since 29.06.2025, conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Vishnu Rajput, involved in Crime No. 330/2025 registered at Police Station Takhatpur, District – Bilaspur (C.G.), for the offences punishable under Section 420 read with Section 34 of the Indian Penal Code, be released on bail on furnishing 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 sufÏcient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during 4 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 his, 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek