1 2025:CGHC:10293 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1702 of 2025 1 - Ashish Sahu S/o. Niranjan Sahu Aged About 36 Years R/o. 08/14, Ispat Nagar, Ps Risali, Bhilai, Dist. Durg (Cg) ... Applicant(In Jail) versus 1 - State Of Chhattisgarh Through The Ps Raipur Thana Range Cyber Thana, Raipur (C.G.) .. . Respondent(s) (Cause Title taken from Case Information System) For Applicant : Mr. N. Naha Roy, Advocate. For Non-Applicant : Mr. UKS Chandel, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/03/2025 1. This is second bail application filed by the applicant under Section 483 of the Code of Criminal Procedure, 1973. First application bearing MCRC No.633 of 2025 was dismissed as withdrawn vide order dated 06.02.2025. 2. This application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.8 of 2024 registered NISHA DUBEY Digitally signed by NISHA DUBEY Date: 2025.03.04 16:20:23 +0530 2 at Police Station – Raipur Thana Range Cyber Thana, Raipur(C.G.) for the offence punishable under Section 420, 34 of the Indian Penal Code, 1860. 3. Case of the prosecution, in brief, is that Dr. Prakash Gupta, a Civil Surgeon at the District Hospital, Raipur, was retired from his service on 30.04.2023. Upon his retirement, Mr. Gupta took his retiral dues and some loan amount from his friends and family of Rs.74,49,900/- and invested the amount into share trading through whatsapp chat K.S. Min app. Thereafter, Mr. Gupta was asked by K.S. Min WhatsApp operator Amol Aathvle and Shweta Shetty to deposit an amount of Rs.15,00,000/- as commission and if the amount is not deposited, in that situation the entire amount would be donated. On getting suspicious, Mr. Gupta filed a complaint and police filed FIR under Sections 420, 34 of the Indian Penal Code, 1860. 4. Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case. No case is made out against the applicant. There is no link which establishes that applicant has received the money, which was deposited by the complainant. There is strong possibility of delay in completion of trial proceedings, which would hamper the liberty of the applicant for a long time. He is ready to abide by all the conditions and directions, which may be imposed while granting bail to him. He is in custody since 13.07.2024. Hence, it is prayed that he may be enlarged on bail. 3 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of pre-trial detention of applicant, who is in jail since 13.07.2024, and the fact that the charge sheet has already been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant-Ashish Sahu involved in Crime No.8/2024 registered at Police Station Baradwar, District Sakti (C.G.), for the offence punishable under Section 420, 34 of the Indian Penal Code, be released on bail on him 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, 4 the trial court may proceed against him under Section 229- A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (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 313 Cr.P.C. 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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously in accordance with law, if there is no legal impediment. 10. Office is directed to send a copy of this order to the trial Court for necessary information and compliance within one week from today. - Sd/- (Ramesh Sinha) Chief Justice Nisha