1 2025:CGHC:5624 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 845 of 2025 Tukesh Kumar Sahu S/o Jhalak Ram Sahu Aged About 31 Years R/o Village Bhoring, P.S. Tumgaon, District- Mahasamund, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station Tumgaon, District Mahasamund, Chhattisgarh. ... Non-applicant For Applicant : Ms. Renu Kochar, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.01.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 191/2024 registered at Police Station – Tumgaon, District Mahasamund (C.G.) offence under Sections 420 and 34 of the Indian Penal Code. 2. According to the prosecution's story, complainant Shiv Kumar Chelak lodged a written complaint on November 25, 2024. He stated that he has known co-accused Yadram Sahu for 10 years and is well- acquainted with him. The co-accused allegedly discussed the share ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.31 17:18:52 +0530 2 market and legally recognized stock exchanges with the complainant. Persuaded by Yadram Sahu, the complainant invested Rs. 35,00,000/- in the stock exchange. Initially, he earned profits, which were given to him. However, it is alleged that between March 7, 2024, and March 14, 2024, the complainant took a bank loan and invested the amount in the stock market. After a delay of one year, the complainant lodged a written report, stating that the accused persons had cheated him regarding his investment in the stock market. The FIR was registered as Crime No. 191/2024, and the present applicant was arrested 26.11.2024. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. She submits that the applicant and the complainant had banking transactions, and the complainant knowingly invested in the stock market, aware of the pros and cons. The applicant had also informed the complainant about market fluctuations, which are beyond the control of any individual. Furthermore, the complainant and applicant entered into an agreement (Ikrarnama) on 26.07.2021, wherein the complainant acknowledged that the money would be returned within four years. Therefore, the matter pertains to a civil dispute, and the complainant should have filed a money recovery suit instead of wrongly giving it the color of a criminal case. She further submits that the present applicant has no criminal antecedents and he is in jail since 26.11.2024, conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present 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 that the present applicant has no criminal antecedents. Moreover, the fact that in the present bail application the charge-sheet has been filed before the competent Court and the applicant has been in jail since 26.11.2024 and conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Tukesh Kumar Sahu, involved in Crime No. 191/2024 registered at Police Station – Tumgaon, District Mahasamund (C.G.) offence under Sections 420 and 34 of the Indian Penal Code, be released on bail on his furnishing 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 4 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 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 Abhishek