1 2026:CGHC:19675 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2739 of 2026 • Jamin Khan S/o Naim Khan Aged About 31 Years R/o- Village- Badwar, Police Station- Ramkela, Tahsil- Pratappur, District- Surajpur (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through- Station House Officer, Police Station- Gandhinagar, District- Surguja (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Kamlesh Kumar Pandey, Advocate For Respondent(s) : Mr. Shaleen Singh Baghel, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.04.2026 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. 289/2024, registered at Police Station – Gandhinagar, District – Sarguja (C.G.) for the offence punishable under Sections 420 of the Indian Penal Code. 2. The case of the prosecution, is that on the case diary was reviewed, It shows that the complainant, Asha Bela Ekka, daughter of Lalit Ekka, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.29 10:58:21 +0530 2 resident of Gurguri, Police Station Sanna, District Jashpur, appeared at the police station and submitted a written complaint alleging that the accused, Jamin Khan, son of Naeem Khan, resident of Badwar, Police Station Ramkola, had taken a total of Rs.5,98,000/- from the applicant in four installments under the pretext of securing a government job. Based on the applicant's application, the police registered a crime and initiated an investigation. During the investigation, the statements of the applicant and witnesses were recorded by the police. The police issued a notice to the accused, Jamin Khan, under Section 35(3) of the BNSS, 2023, for failing to cooperate in the investigation and for being a resident of another district. On December 26, 2025, the police informed him of the reasons for the arrest and arrested him, informing his family of the arrest. 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 are two criminal antecedents registered against the present applicant bearing crime Nos.197 of 2024 and 90 of 2024 and both are pending for their conclusion and details of the same are mentioned in the bail application at paragraph No.4 (A) and (B). It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 26.12.2025 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 the applicant has taken a total of Rs.5,98,000/- from the complainant in four installments under the pretext of securing a Government job therefore, he is not entitled for grant of bail. 3 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 charge-sheet has been filed against the applicant, the applicant is in jail since 26.12.2025 and conclusion of the trial is likely to take some time, considering the period of detention of the applicant I am inclined to allow this application. 7. Let applicant, Jamin Khan, involved in Crime No.289/2024, registered at Police Station – Gandhinagar, District – Sarguja (C.G.) for the offence punishable under Sections 420 of the Indian Penal Code, 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 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 4 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 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