1 2025:CGHC:58877 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9902 of 2025 Shailendri Shrivas W/o Tukam Shrivas Aged About 42 Years R/o House No. 29, Ward No. 56, Tikrapara, Raipur, Tehsil And District - Raipur, Chhattisgarh. (Particulars Of The Applicant Is Mentioned Correctly) (Name And Surname Is Wrongly Mentioned In The Order Impugned) ... Applicant(s) versus State Of Chhattisgarh Through - Police Station - Gurur, District - Balod, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Anmol Sharma, Advocate. For Respondent(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 55/2025, registered at Police Station Gurur, District - Balod (CG) for the offence punishable under Sections 420, 34 of IPC. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is that the complainant Bharat Lal Sahu and his wife were allegedly cheated by the applicant/accused and two others, who took Rs.11,58,000/- from them on the pretext of performing rituals, worship, and “bandhan” ceremonies. On the basis of the written complaint, Police Station Gurur registered Crime No. 55/2025 for the offence under Section 420 read with Section 34 IPC and initiated investigation. During investigation, the applicant/accused and the co-accused were arrested, and after completion of investigation, the charge-sheet was filed. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the identically situated co-accused, Pinky Sahu has already been granted bail by this Court vide order dated 08.10.2025 in MCRC No.6844 of 2025. The applicant is in jail since 17.06.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 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 before the competent Court. She further submits that the applicant, along with co-accused persons, allegedly cheated the complainant and his wife by taking Rs.11,58,000/- from them on the false pretext of performing rituals and “bandhan” ceremonies, thereby dishonestly inducing them to part with their money. Therefore, the applicant is not entitled for grant of bail. 3 5. I have heard learned counsel 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 applicant since 05.09.2023, the fact that though the applicant, along with co- accused persons, allegedly cheated the complainant and his wife by taking Rs.11,58,000/- from them on the false pretext of performing rituals and “bandhan” ceremonies, but considering the fact that co- accused, Pinky Sahu has already been granted bail by this Court vide order dated 08.10.2025 in MCRC No.6844 of 2025 and the case of present applicant is identical to that of the aforementioned co-accused, further the applicant has no criminal antecedent and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Shailendri Shrivas, involved in Crime No. 55/2025, registered at Police Station Gurur, District - Balod (CG) for the offence punishable under Sections 420, 34 of IPC, 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 4 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil