1 2026:CGHC:5997 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1128 of 2026 Sontosh Jaiswal S/o Late Chandrika Prasad Aged About 53 Years (Fathers Name As Per The Amended Order Sheet Page), R/o Lawan, P.S- Lawan District- Balodabazar- Bhatapara (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Lawan District Balodabazar- Bhatapara (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sumit Jhawar, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/02/2026 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. 496/2024 registered at Police Station Lawan District Balodabazar- Bhatapara (C.G.) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Sections 420, 421, 120(B), 34 of IPC. 2. Case of the prosecution, in brief, is that the complainant lodged a written report alleging that the present applicant, in connivance with the Director of Money Grow Investment, Umesh Pathak, and other co-accused, formed separate teams and induced members of the public to invest money on the assurance that their investment would be doubled within 25 months. Acting on such inducement, investors deposited money into the bank accounts of Umesh Pathak and Vijay Jaiswal. It is further alleged that the present applicant, along with co-accused Manendra Jaiswal and Bhupendra Jaiswal, got 20 decimal of land registered in his own name and subsequently sold the same to Sonu Sahu. Instead of distributing the amount so received among the investors, the accused persons dishonestly misappropriated and concealed the said amount. On the basis of these allegations, the offence was registered against the present applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence, only on the basis of memorandum statement of main accused present applicant has been falsely implicated in the offence in question. He further submits that identically situated co-accused, Manendra Jaiswal has already been granted regular bail by this Court vide order dated 15.01.2026 in MCRC No.559/2026. The applicant is in jail since 3 17.10.2025, the applicant has no criminal antecedent, the charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the allegation against the applicant that he, in conspiracy with other co-accused, induced the public to invest money on the false assurance of doubling the amount within 25 months, facilitated deposit of investors’ money into specified accounts, and dishonestly misappropriated the invested funds by purchasing and selling land instead of returning the amount to the investors. Therefore, the applicant is not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicant since 17.10.2025, the fact that though allegedly the applicant in conspiracy with other co-accused, induced the public to invest money on the false assurance of doubling the amount within 25 months, facilitated deposit of investors’ money into specified accounts, and dishonestly misappropriated the invested funds by purchasing and selling land instead of returning the amount to the investors, but considering the fact that identically situated co- 4 accused, Manendra Jaiswal has already been granted regular bail by this Court vide order dated 15.01.2026 in MCRC No.559/2026 and the applicant has no criminal antecedent, further the charge- sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Sontosh Jaiswal, involved in Crime No. 496/2024 registered at Police Station Lawan District Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 420, 421, 120(B), 34 of IPC, 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 5 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. 9. 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 Akhil