1 2025:CGHC:60959 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10328 of 2025 Khirod Sahu S/o Setram Sahu Aged About 51 Years Resident Of Mahalpara, Ward No.15, Saraipali, District- Mahasamund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- The Station House Officer Police Of Police Station Saraipali, District- Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Chandra Kumar, Advocate. For Respondent(s) : Mr. Neeraj Sharma, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/12/2025 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 applicant who has been arrested in connection with Crime No. 78/2025 registered at Police Station Saraipali, District- Mahasamund (C.G.) for the offence punishable under Sections 318(4) r/w Section 3(5) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that as per Crime No. 78/2025 registered at Police Station Saraypali, the complainant, Sunil Kumar Behera, Branch Manager, Indian Overseas Bank, alleged that the accused persons, in conspiracy with bank-authorised gold appraisers, pledged fake gold-plated ornaments as genuine gold to obtain gold loans. The counterfeit ornaments were allegedly procured from co-accused Sheikh Naeemuddin. Between 28.02.2024 and 16.10.2024, the accused cheated the bank of Rs. 22,86,200/-. During investigation, some accused were arrested and admitted their involvement. Based on seizure memos and statements under Section 161 BNSS, prima facie involvement of the accused in the offence of cheating and criminal conspiracy is established. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the bail applications of three of the identically situated co-accused persons, namely, Ravishankar Patel, Hazari Parasad and Sheikh Naimuddin have already been granted bail by this Court vide orders dated 02.12.2025 & 04.12.2025 in MCRC Nos.9707 of 2025 & 9909 of 2025. The applicant is in jail since 23.10.2025, the applicant has 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 applicant. 3 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 though the applicant is alleged to have been part of a criminal conspiracy wherein fake gold-plated ornaments were pledged as genuine gold with the Indian Overseas Bank, Saraypali Branch, in collusion with co- accused and bank-authorised gold appraisers, thereby dishonestly obtaining gold loans and causing a financial loss of Rs. 22,86,200/- to the bank, but could not dispute the fact that three of the identically situate co-accused persons, namely, Ravishankar Patel, Hazari Parasad and Sheikh Naimuddin have already been granted bail by this Court vide orders dated 02.12.2025 & 04.12.2025 in MCRC Nos.9707 of 2025 & 9909 of 2025. 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 applicant since 23.10.2025, the fact that though the applicant is alleged to have been part of a criminal conspiracy wherein fake gold-plated ornaments were pledged as genuine gold with the Indian Overseas Bank, Saraypali Branch, in collusion with co-accused and bank-authorised gold appraisers, thereby dishonestly obtaining gold loans and causing a financial loss of Rs. 4 22,86,200/- to the bank, but considering the fact that three of the identically situate co-accused persons, namely, Ravishankar Patel, Hazari Parasad and Sheikh Naimuddin have already been granted bail by this Court vide orders dated 02.12.2025 & 04.12.2025 in MCRC Nos.9707 of 2025 & 9909 of 2025, 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-Khirod Sahu, involved in Crime No. 78/2025 registered at Police Station Saraipali, District- Mahasamund (C.G.) for the offence punishable under Sections 318(4) r/w Section 3(5) of BNS, 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil