1 2025:CGHC:8665 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1419 of 2025 1 - Sanjay Jaiswani S/o Nandiram Jaiswani Aged About 44 Years R/o Amlidih Solas Heights Police Station Rajendra Nagar Tahsil And District - Raipur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House OfÏcer Police Station New Rajendra Nagar Raipur District - Raipur (C.G.) ...Non-applicant(s) For Applicant(s) : Ms. Fauzia Mirza, Senior Advocate assisted by Mr. Ali Afzaal Mirza, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.02.2025 1. This is the Second 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. 238/2024 registered at Police Station New Rajendra Nagar Raipur (C.G.) for the offence under Sections 420, 120-B, 34 of Indian Penal Code. ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2025.02.20 14:47:17 +0530 2 2. Case of the prosecution, in brief is that the complainant, namely, Shatruhan Lal Jaiswal filed a written complaint with the Station House Officer at New Rajendra Nagar, District Raipur (C.G.). He stated that he met co-accused Nikhil Ahuja three years ago while selling a house, and Nikhil gave him Rs.10,000 as commission. They met frequently, and Nikhil provided credit to the complainant, which was repaid on time. About 2-3 months before filing the complaint, Nikhil met the complainant near Hanuman Mandir Chowk and demanded Rs.5,000 as credit. Nikhil then asked for the complainant's PAN card, Aadhar card, and passport-sized photo, which he photocopied and returned. Unbeknownst to the complainant, Nikhil opened a bank account in the complainant's name using these documents and used it for cricket betting transactions. Hence, this application. 3. The first bail application of the applicant was rejected by this Court on 09.08.2024 in MCRC No.5663/2024 on merits, the applicant has no any criminal antecedents registered against the present applicant. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the first bail applicant was rejected by this Court on merits. This is the second bail application filed on the ground that during course of the trial 16 witnesses were recorded in the original charge-sheet and they also turned hostile. It is further contended that Investigating OfÏcer on 20.12.2024 has filed a supplementary charge-sheet wherein 19 more witnesses were added in the trial to be examined as a consequence the trial may take some more time to be concluded. It is further 3 submitted that the charge-sheet has been filed in this case. The applicant is in jail since 20.05.2024 and further submits that during the course of the trial, charges were framed under Section 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that there is no any criminal antecedents registered against the present applicant. The first bail application of the applicant was rejected by this Court on 09.08.2024 in MCRC No. 5663/2024, and the charge-sheet has been filed in this case. It is further submitted that a supplementary charge-sheet has been filed against the present applicant and in that 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 available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that though there is no any criminal antecedents registered against the present applicant. During the course of trial 16 witnesses were recorded in the original charge-sheet and they also turned hostile, the Investigating OfÏcer on 20.12.2024 has filed a supplementary charge-sheet wherein 19 more witnesses were added in the trial to be examined as a consequence the trial will take some more time to be concluded, charge-sheet has been filed against the applicant, the applicant is in jail since 24.05.2024, therefore, I am inclined to allow this second bail application. 4 8. Let the Applicants - Sanjay Jaiswani, involved in Crime No. 238/2024 registered at Police Station New Rajendra Nagar Raipur (C.G.) for the offence under Sections 420, 120-B, 34 of Indian Penal Code, be released on bail on 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 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 5 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd /- (Ramesh Sinha) Chief Justice Saxena