1 2026:CGHC:9538 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 268 of 2026 Rishi Nayak S/o Shri Narottam Nayak Aged About 31 Years R/o Village- Manikchauri, Police Station And Tahsil- Masturi, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer Police Station - Civil Line, District- Bilaspur (C.G.) ... Respondent For applicant : Shri Shashank Upadhyay, Advocate. For Respondent/State : Shri Soumya Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/02/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.1211/2024 registered at Police Station Civil Line, District Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2), 61(2), 111 of the B.N.S. 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.25 10:52:54 +0530 2 2. Case of the prosecution, in brief, is that complainant namely Nandkumar Sandilya filed written complaint against main accused Guru Shankar Divya and Kapil Goshwami that, they cheated him in the promise to provide him government job. On the basis of said complaint police lodge crime no. 1211 of 2024 punishable under section 318(4), 336(3), 338, 340(2), 61(2) of the B.N.S. 2023. During the investigation the main accused in his memorandum statement named applicant for involvement in the said crime. Thereafter applicant surrendered himself before Learned C.J.M. Bilaspur (C.G.) on 05.12.2025. Since then he is in jail. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the main accused Guru Shankar Divya was involved in a property cum real estate related business and he was having office at Abhishek Vihar mangla Bilaspur (C.G.) where applicant was working as office boy and he was getting 8000/- Rs monthly salary from main accused. Applicant left his job 7-8 month earlier and his salary of 7-8 month is due on main accused. He would submit that co-accused persons have been granted bail by this Court namely Gurushankar Divya in MCRC No.7155/2025 on 09/09/2025, Sanjay Das Manikpuri (Mahant) in MCRC No.6728/2025 on 26/08/2025, Rajendra Palange in MCRC No.6233/2025 on 14/08/2025 & Kapileshwar Puri Goswami in MCRC No.7817/2025 on 6/10/2025. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 05/12/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application but he do not dispute the fact that the co-accused persons have been granted bail by this Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, further the fact that co- accused persons have been granted bail by this Court namely Gurushankar Divya in MCRC No.7155/2025 on 09/09/2025, Sanjay Das Manikpuri (Mahant) in MCRC No.6728/2025 on 26/08/2025, Rajendra Palange in MCRC No.6233/2025 on 14/08/2025 & Kapileshwar Puri Goswami in MCRC No.7817/2025 on 6/10/2025, period of detention of the applicant since 05/12/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Rishi Nayak, involved in Crime No.1211/2024 registered at Police Station Civil Line, District Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2), 61(2), 111 of the B.N.S. 2023, 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 4 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. (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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri