1 2025:CGHC:55425 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8187 of 2025 • Ashok Kumar Saha S/o Rameshchandra Saha Aged About 57 Years Through Superintendent Presidency Connectional Home, Near Alipor National Library Kolkata …Applicant versus • State of Chhattisgarh Through - Station House Office, Police Station- Balconagar, District- Korba, (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. B.L.Sahu, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.11.2025 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. 261/2025, registered at Police Station – Balconagar, District – Korba (C.G.) for the offence punishable under Sections 420, 409, 406, 120- B, 34 of the Indian Penal Code (for short, IPC) and Sections 3, 4 and 5 of the Price Chits and Money Circulation Scheme (Banning) Act, 1978 and Section 10 of the Chhattisgarh Protection of Depositors Interest Act. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.17 12:57:17 +0530 2 2. The case of the prosecution, is that the complainant has lodged a report to the concerned police station alleging that the investor has deposited amount of Rs.3,00,000/- in the name of pretext of double amount of invested money, but the same has not been provided by the accused persons. Based on such complaint of the complainant, the police has registered the case against the unknown persons and after the investigation applicant has been arrested. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that applicant has granted bail by this Court in another crime No.152 of 2017 registered at Police Station – Baikunthpur vide order dated 20.09.2022 and in crime No.197 of 2017 registered at Police Station – City Kotwakli, Jagdalpur vide order dated 07.11.2023 and again granted bail by E.D. and CBI Kolkata in other crime number. There is ten criminal antecedents registered against the present applicant of similar allegation. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 06.09.2022 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 the charge-sheet has been filed in this case and applicant is resident of the State of Kolkata and there is ten criminal antecedents registered against the present applicant of similar allegation, it appears that applicant is a habitual offender, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that applicant has ten criminal antecedent of similar allegation and applicant has already granted bail by this Court in another crime No.152 of 2017 registered at Police Station – Baikunthpur vide order dated 20.09.2022 and in crime No.197 of 2017 registered at Police Station – City Kotwakli, Jagdalpur vide order dated 07.11.2023 and again granted bail by E.D. and CBI Kolkata in other crime number., charge-sheet has been filed against the applicant, the applicant is in jail since 06.09.2022 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Ashok Kumar Saha, involved in Crime No.261/2025, registered at Police Station – Balconagar, District – Korba (C.G.) for the offence punishable under Sections 420, 409, 406, 120-B, 34 of the Indian Penal Code (for short, IPC) and Sections 3, 4 and 5 of the Price Chits and Money Circulation Scheme (Banning) Act, 1978 and Section 10 of the Chhattisgarh Protection of Depositios Interest Act, 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 4 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. (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