1 2026:CGHC:722 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9467 of 2025 • Rakesh Kumar S/o Amarjeet Lal Aged About 40 Years R/o Kodiwada, Sardulgarh District- Mansa (Punjab). ...Applicant versus • State of Chhattisgarh Through P.S Padmanabhpur, Durg, District - Durg- (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. P.R. Patankar, Advocate For Respondent/State : Ms. Anusha Naik, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 171/2024, registered at Police Station – Padmanabhpur, District – Durg (C.G.) for the offence punishable under Sections 420/34 of IPC and 66(D) of I.T. Act. 2. The case of the prosecution, is that on a complaint made by Dr. Basant Verma to the police station and Crime Branch Durg and to the Cyber Crime Information Portal that on the basis of whatsapp and telegram social platform he has been cheated on false allurement VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.07 17:53:28 +0530 2 that if the money is invested for digital marketing he would be daily getting Rs.400 to Rs.500/- per day and accordingly the complainant invested money and he was cheated. On the written complaint lodged by the complainant FIR was lodged 17.04.2024 and upon investigation 04 persons have been arrayed as accused and Sahil Kumar and the present applicant have been arrested and charge- sheet has been filed on 02.09.2025. hence, this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. He also submits that one co-accused has already been granted bail by this Court in MCRC No.7728 of 2025 vide order dated 03.11.2025 and another co-accused has granted anticipatory bail by this Court in MCRCA No.1595 of 2025 vide order dated 03.11.2025. The applicant is in jail since 05.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that applicant is resident of the State of Punjab and there is one criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that one co-accused has already been granted bail by this Court in MCRC No.7728 of 2025 vide order dated 03.11.2025 and another 3 co-accused has granted anticipatory bail by this Court in MCRCA No.1595 of 2025 vide order dated 03.11.2025 and there is only one criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 05.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Rakesh Kumar, involved in Crime No.171/2024, registered at Police Station – Padmanabhpur, District – Durg (C.G.) for the offence punishable under Sections 420/34 of IPC and 66(D) of I.T. Act, be released on bail on his furnishing a personal bond with two local 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, 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. 4 (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 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. 8. Office 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 vaishali