1 2025:CGHC:9155 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1515 of 2025 Nikhil Ahuja S/o Suresh Ahuja Aged About 39 Years R/o Near Ronak Kiraya Bhandar New Rajendra Nagar, District- Raipur ( Chhattisgarh ). ... Applicant versus State Of Chhattisgarh Through- The Station House OfÏcer, Police Station- New Rajendra Nagar, District- Raipur ( Chhattisgarh ). ... Non-applicant For Applicant : Mr. Siddhant Tiwari, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 21/02/2025 1. This is the second bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who has been arrested in connection with Crime No. 238/2024 registered at Police Station – New Rajendra Nagar, District – Raipur (C.G.) for the offence punishable under Sections 420, 120(B) of IPC. 2. The earlier bail application of the applicant has already been rejected by this Court being MCRC 5854/2024, vide order dated KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 21.08.2024 on merits. Hence, this second bail application. 3. Prosecution case in brief is that on the basis of written complaint given by namely "Satrughan Lal Jaiswal" that about three years ago while selling a house, he met with the present applicant where the applicant gave him a commission of Rs. 10,000/- Since then they were in contact and subsequently when the complainant was in need of money the applicant called the complainant near Progressive Point and took a photocopy of his credential documents (PAN card, Aadhar Card, two passport size photo) and was also made to sign on the bank application forms and gave him Rs. 5,000/- on 23.05.2024 it came to the knowledge of the complainant that the applicant has opened his bank account from the document and making transactions regarding cricket betting from the said bank account and defrauded the complainant, on the basis of complaint made by the complainant namely "Satrughan Lal Jaiswal" the F.I.R. was lodged against the present applicant and in the due course of investigation the applicant was arrested. 4. Learned counsel for the applicant submits that the applicant is innocent person and he has not committed any offence. He further submits that the earlier bail application of the applicant was rejected by this Court being MCRC 5854/2024, vide order dated 21.08.2024 on merits and the new ground for filing of the second bail application is that in this case there are total 24 witnesses to be examined by the prosecution but only 10 have been examined till date, subsequently would take long time to be examine remaining witnesses and the applicant has been in detention for more than 8 3 months and further the fact that the co-accused namely Sanjay Jaiswani, has already been granted bail this Court being MCRC No. 1419/2025, vide order dated 19.02.2025 and the case of the applicant is identical to that of the co-accused and further the present applicant has no criminal antecedent. He further submits that during the course of trial 16 witnesses were recorded in the original charge-sheet and they also turned hostile. It is further contended that the Investigation OfÏcer on 20.12.2024, has filed a supplementary charge-sheet wherein 19 more witnesses were added in the trial to be examined as such, the trial is likely to take some more time for concluding the same, therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant and submits that the earlier bail application of the applicant has already been rejected by this Court being MCRC 5854/2024, vide order dated 21.08.2024 on merits. It is further submitted that a supplementary charge-sheet has been filed against the present applicant wherein 19 more witnesses were also added, therefore he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the documents taken on record. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, also considering the allegation against the 4 applicant and further the fact that the applicant has no criminal antecedent and during the course of trial, 16 witnesses were recorded in the original charge-sheet and they also turned hostile, the Investigating OfÏcer has filed a supplementary charge-sheet against the applicant on 20.12.2024 wherein 19 more witnesses were added in the trial to be examined and moreover, the fact that the co-accused namely Sanjay Jaiswani, has already been granted bail this Court being MCRC No. 1419/2025, vide order dated 19.02.2025 and the case of the applicant is identical to that of the co-accused and the applicant is in jail since 23.05.2024 and the conclusion of the trial is likely to take some time therefore, this Court is of the view that the applicant is entitled to be released on bail. 8. Accordingly, the second bail application of the applicant namely Nikhil Ahuja, involved in Crime No. 238/2024 registered at Police Station – New Rajendra Nagar, District – Raipur (C.G.) for the offence punishable under Sections 420, 120(B) 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 bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court 5 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 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. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal