1 2025:CGHC:52305 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7158 of 2025 Manish Kumar Telam S/o Gunna Ram Telam Aged About 40 Years R/o 24 Village Mormed Toynar District Bijapur, C.G. ... Applicant versus State Of Chhattisgarh Through - Aarakshi Kendra Narayanpur, District Narayanpur, C.G. ... Respondent For Applicant : Shri Vikash A. Shrivastava, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/10/2025 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.25/2025 registered at Police Station Aarakshi Kendra Narayanpur Distt. Narayanpur C.G. for the offence punishable under Sections 318 (4), 336 (3), 338 of B.N.S & 66 (D) of I.T. Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.28 14:53:23 +0530 2 2. Case of the prosecution, in brief, is that on 03/04/2025 complainant lodged an written complaint to PS Narayanpur that present applicant along with other co accused persons, personating themselves as a higher officer of Royal Pentagon Auction House Bangalore and deceived him that they have Copper Iredium which is much costly than Uranium and same has been auctioned in international market on 03 Feb 2023 and on 4 Feb 2023 they doubled the amount which has been invested by complainant on such inducement complainant deposited 34,00,000/- to the account which was given by the present applicant and other co accused person. That after 4 Feb. 2023 when complainant not received the amount he ask present applicant and other co accused person to return the same. That in the month of jan. 2025 another co accused again seduced him that, for payment of gold bond tax has to be paid to the Government and on seducement complainant again deposited 19,01,499 to the various bank accounts. Upon receiving such complaint FIR has been registered and during the course of investigation present applicant has been arrested. 3. Learned counsel for the applicant submitted that he has filed an affidavit in compliance of the courts order dated 10/10/2025. He would submit that further the deposition of the complainant has also been recorded by the trial court web copy of the same has been annexed wherein it has been submitted that Rs.5,50,000/- has already been returned to the complainant by the applicant and he has no objection. He would submit that the applicant is in jail since 13/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application. 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, considering the fact that Rs.5,50,000/- has already been returned to the complainant by the applicant, period of detention of the applicant since 13/05/2025 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- Manish Kumar Telam, involved in Crime No.25/2025 registered at Police Station Aarakshi Kendra Narayanpur Distt. Narayanpur C.G. for the offence punishable under Sections 318 (4), 336 (3), 338 of B.N.S & 66 (D) of I.T. Act., 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. 4 (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 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