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2025 DAILYLAW 57225 (CHH)

ASHISH SHINDE v. STATE OF CHHATTISGARH

MCRC/8073/2025 · 2025-11-18

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Judgment text

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1 2025:CGHC:56387 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8073 of 2025 • Ashish Shinde S/o Late Sudhakar Rao Shinde Aged About 37 Years Flat No. 404, Royal Apartment, Lodhipara Chowk, Raipur, Tahsil And Distt. Raipur, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through P.S. Telibandha, Raipur, Distt. Raipur, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Kshitij Sharma, Advocate For Respondent/State : Mr. Jitendra Shrivastava, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 525/2024, registered at Police Station – Telibandha, District – Raipur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 506, 120-B of the Indian Penal Code (for short, IPC) and Section 283 of the BNS Act,2023. 2. The case of the prosecution, is that he FIR was registered against one VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.20 16:59:18 +0530 2 K.K. Shrivastava and his son Kanchan Shrivastav on the basis of written complaint made by Arjun Rawat, who has alleged that the accused therein had cheated him on the pretext of getting government tenders. Thereby inducing him to deposit a huge amount of Rs. 15,00,00,000/- (Rs. Fifteen Crores only) in different accounts. Thereafter the named accused persons also returned a sum of Rs. 3,40,00,000/- (Rs. Three Crores Forty lakhs only) by making deposits / transfer on various dates. However, the said K.K. Shrivastava had also issued three cheques of Rs. 3,00,00,000/- each (Rs. Three crores each) but the said cheques could not be honoured because of the 'stop payment' instruction. Hence a complaint was made and on the basis the same the FIR No. 525/2024 was registered against the applicant. Hence, this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are three criminal antecedents registered against the present applicant, out of which in two cases applicant was discharged by the trial Court and National Lok Adalat and in one case he has been granted anticipatory bail. A copy of the relevant documents are annexed along with bail application. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 07.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is three criminal antecedents registered against the present applicant, out of which in two cases he has been discharged and in one case he has already been granted anticipatory bail and the charge-sheet has been filed in this case. 3 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and submissions made by learned counsel for the parties, charge-sheet has been filed against the applicant, the applicant is in jail since 07.07.2025 and conclusion of the trial is likely to take some time, looking to the detention period of the applicant, I am inclined to allow this application. 7. Let applicant, Ashish Shinde, involved in Crime No.525/2024, registered at Police Station – Telibandha, District – Raipur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 506, 120- B of the Indian Penal Code (for short, IPC) and Section 283 of the BNS Act,2023., 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. (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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali