1 2025:CGHC:61031 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9951 of 2025 Simran Jeet Singh Ajmani Alias Lovely, S/o Lt. Shri Gurucharan Singh Ajmani Aged About 31 Years R/o Mahavir Nagar, Basant Vihar Colony, P.S. New Rajendra Nagar, Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. Gol Bazar, District - Raipur (C.G.) ... Non-applicant For Applicant : Mr. Adhiraj Surana, Advocate For Non-applicant/State : Mr. Saumya Rai, Panel Lawyer Hon'ble Shri 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. 114/2025 registered at Police Station Gol Bazaar, District- Raipur (C.G.) for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the applicant is alleged to have misrepresented to the complainant and induced her to assist in procuring a loan under a Mobile Finance Scheme and, under the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 said pretext, got two loans processed in the complainant’s name from the mobile shop “Phonewale” situated at Lal Ganga Shopping Mall, Raipur, and utilized the loan amount for share market investment, while installments of Rs.5,000/- each towards the said two loans were deducted from the complainant’s account without the complainant receiving any loan amount or mobile phone. During the course of investigation, the Applicant was arrested and, therefore, the present bail application has been filed. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case, as he himself appears to be a victim of a conspiracy allegedly hatched by employees of the Croma Centre and IDFC and HDFC Banks. It is contended that the main accused is one Vikas Sahu, an employee of HDFC Bank posted at the Croma Centre, Bhatagaon, and that the present applicant has been made a mere scapegoat in the entire transaction. The applicant has no connection whatsoever with the alleged fraudulent loans, has not received any consideration therefrom, and no mobile phones, money or electronic appliances have been seized from him. It is further submitted that the FIR has been lodged belatedly and as an afterthought, without any justifiable reason, only to falsely implicate the present applicant. He also submits that the applicant has only one criminal antecedent and he is in jail since 22.07.2025, the 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, submitting that the applicant, by misrepresentation, induced the complainant to assist in availing a loan under a Mobile Finance Scheme and, under that pretext, got two loans processed in the complainant’s name from the mobile shop “Phonewale” at Lal Ganga Shopping Mall, Raipur, misappropriated the loan amount for share market investment, and caused instalments of Rs.5,000/- each to be deducted from the complainant’s account without delivery of any mobile phone or disbursal of the loan amount Therefore, considering the gravity of the offence, the applicant is not entitled to be enlarged on 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 that though the applicant misrepresented the complainant, got mobile finance loans processed in her name, misused the loan amount, and caused installments to be deducted from her account without delivery of any mobile phone or loan benefit, but in the present bail application the charge-sheet has been filed before the competent Court, he has one previous criminal antecedent and he is in jail since 22.07.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant- Simran Jeet Singh Ajmani Alias Lovely, involved in Crime No. 114/2025 registered at Police Station Gol 4 Bazar, District- Raipur (C.G.) for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, 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 sufÏcient 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 5 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 sufÏcient 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. OfÏce 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 Rahul Dewangan