1 2025:CGHC:58370 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9707 of 2025 1 - Ravishankar Patel S/o Tejram Patel Aged About 40 Years R/o Village- Khairakhurd, Police Station- Chanderpur, District- Sakti (C.G.) 2 - Hazari Prasad S/o Surotiram Aged About 45 Years R/o Village- Khairakhurd, Police Station- Chanderpur, District- Sakti (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station- Saraipali, District- Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Goutam Khetrapal, Advocate. For Respondent(s) : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/12/2025 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 applicants who have been arrested in connection with Crime No. 78/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Saraipali, District- Mahasamund (C.G.) for the offence punishable under Sections 318(5), 3(5) of BNS. 2. Case of the prosecution, in brief, is that as per the case record of Crime No. 78/2025 registered at Police Station Saraypali, the complainant Sunil Kumar Behera, Branch Manager, Indian Overseas Bank, lodged a written report alleging large-scale cheating through fake gold loans. According to the complaint, the accused persons— Shri Krishnadas, Ravishankar Patel, Hazari Prasad Chauhan, Dilip Sharma, Rajkumar Barsagade, Neelambar Vibhaar, and Khirod Kumar Sahu—acting in collusion with the bank-authorised gold appraisers Siyaraman Choudhary and Gangadhar, fraudulently pledged fake gold ornaments, which were actually gold-plated items. These fake ornaments were stated to have been purchased from accused Sheikh Naeemuddin. Between 28.02.2024 to 16.10.2024, the accused persons allegedly pledged these counterfeit gold ornaments as genuine, thereby cheating the Indian Overseas Bank, Saraypali Branch, of Rs.22,86,200/-. During investigation, accused Ravishankar Patel and Hazari Prasad were taken into custody, and on interrogation they allegedly admitted their involvement. Based on the collected evidence, seizure memos, and witness statements under Section 161 BNSS, their prima-facie involvement in the fraud was found. Thus, the prosecution story states that the accused formed a criminal conspiracy, used fake gold coated ornaments, and dishonestly obtained loan amounts from the bank, causing substantial financial loss. Hence, the bail application. 3 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the identically situated co-accused, namely, Gangadhar Pushti has already been granted bail by this Court vide order dated 17.11.2025 in MCRC No. 9227 of 2025. The applicants are in jail since 16.10.2025, the applicants have no criminal antecedent, 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 applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicants are accused of colluding with other co-accused and bank appraisers to pledge gold- plated fake ornaments as genuine gold in the Indian Overseas Bank, Saraypali and between 28.02.2024 to 16.10.2024, they allegedly participated in the scheme to obtain gold loans on these fake ornaments, causing a financial loss of Rs.22,86,200/- to the bank. They are also alleged to have purchased fake gold from accused Sheikh Naeemuddin and used it to cheat the bank. Therefore, present applicants are not entitled for grant of bail. 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 and gravity of offence, period of detention of the applicants since 16.10.2025, the fact that though the applicants are accused of 4 colluding with other co-accused and bank appraisers to pledge gold- plated fake ornaments as genuine gold in the Indian Overseas Bank, Saraypali and between 28.02.2024 to 16.10.2024, they allegedly participated in the scheme to obtain gold loans on these fake ornaments, causing a financial loss of Rs.22,86,200/- to the bank, but considering the fact that one of the co-accused persons, namely, Gangadhar Pushti has already been granted bail by this Court vide order dated 17.11.2025 in MCRC No. 9227 of 2025 and the case of present applicants is identical to that of the aforementioned co- accused, further the applicants have no criminal antecedents and charge-sheet has been filed, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicants-Ravishankar Patel and Hazari Prasad, involved in Crime No. 78/2025 registered at Police Station Saraipali, District- Mahasamund (C.G.) for the offence punishable under Sections 318(5), 3(5) of BNS, be released on bail on their furnishing a personal bond with two sureties (each) in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through 5 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 9. 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 Akhil