1 2025:CGHC:56610 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9385 of 2025 Shibamoy Dutta (Wrongly Mentioned As Shivmoy Datta In Annexure A-1) S/o Late Satiranjan Datta Aged About 66 Years Through Superintendent Presidency Connectional Home, Near Alipor National Library Kolkata ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Balconagar, District- Korba (C.G.) ... Respondent For Applicant : Shri Bharat Lal Sahu, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/11/2025 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.261/2015 registered at Police Station Balconagar, District- Korba (C.G.) for the offence punishable under Sections 420, 409, 406, 120-B, 34 of I.P.C. and section 03, 04, 05 of the Price Chits and Money Circulation Scheme (Banning) Act, 1978 and section 10 of the Chhattisgarh Protection of Depositors Interest Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.21 15:35:08 +0530 2 2. Case of the prosecution, in brief, 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 under section 420, 409, 406, 120-B, 34 of I.P.C. and section 03, 04, 05 of the Price Chits and Money Circulation Scheme (Banning) Act, 1978 and section 10 of the Chhattisgarh Protection of Depositors Interest Act against the unknown persons and after the investigation, the police has arrested the present applicant on the memorandum statement. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that there were 10 cases registered against the applicant for the offences in question, out of which in 6 cases bail has been granted to the applicant by this bench as well as coordinate benches in MCRC Nos.7115/2023, 54/2024, 59/2024,1164/2024, 1885/2024 & 2094/2024, in two cases bail granted by the trial court, one case is disposed of and this present case is pending. He would submit that co-accused Ashok Kumar Saha has been granted bail by this Court in MCRC No. 8187 of 2025 on 13.11.2025. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 6/09/2022 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case 3 before the competent court. 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, submission of learned counsel for the parties, further the fact that there were 10 cases registered against the applicant including the present case, out of which in 6 cases bail has been granted to the applicant by this bench as well as coordinate benches in MCRC Nos.7115/2023, 54/2024, 59/2024,1164/2024, 1885/2024 & 2094/2024, in two cases bail granted by the trial court & one case is disposed of, further the fact that co-accused Ashok Kumar Saha has been granted bail by this Court in MCRC No. 8187 of 2025 on 13.11.2025, considering the period of detention of the applicant since 6/09/2022, charge sheet has been filed 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. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Shibamoy Dutta, involved in Crime No.261/2015 registered at Police Station Balconagar, District- Korba (C.G.) for the offence punishable under Sections 420, 409, 406, 120-B, 34 of I.P.C. and section 03, 04, 05 of the Price Chits and Money Circulation Scheme (Banning) Act, 1978 and section 10 of the Chhattisgarh Protection of Depositors 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 4 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 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