1 2026:CGHC:623 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10456 of 2025 Vijay Kumar Chaurasia S/o Shri Baijnath Chaurasia Aged About 50 Years R/o D-378 D -Block Pocket 3 Dda Flats Bindapur Post Dk Mohan Gardern Dwarka West-Delhi India ... Applicant(s) versus 1 - State Of Chhattisgarh P/s Abhanpur Distt. Raipur C.G. 2 - Anil Kumar Shrivas S/o Late Shri Shiv Prasad Shrivas R/o Vishal Nagar, Distt- Raipur Chhattisgarh, ... Respondent(s) For Applicant(s) : Mr. Ajay Kumar Mishra, Advocate. For Respondent(s) : Mr. Dharmesh Shrivastava, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/01/2026 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. 415/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Abhanpur Distt. Raipur (C.G.) for the offence punishable under Sections 420, 467, 468 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that the complainant, Anil Kumar Shrivas, lodged an FIR on 13.09.2025 at Police Station Abhanpur, registered as Crime No. 415/2025 under Section 420 IPC against the present applicant. It is alleged that the applicant introduced himself as Chairman of MSME of PCI, Delhi, and induced the complainant by offering the post of Chairman/Vice- Chairman for Chhattisgarh with a salary of ₹1,00,000/- per month and other facilities. On this pretext, the applicant demanded and received a total amount of Rs.31,00,000/- from the complainant and another person through cash and online transactions. Although joining letters were issued, no salary was paid. When the complainant demanded a refund, the applicant refused and threatened him. Accordingly, the FIR was lodged, the applicant was arrested, and during investigation, Sections 467 and 468 IPC were also added. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the other alleged complainant has not lodged any complaint, and the present complainant has already received back an amount of Rs.5,00,000/- from the applicant and has been given a post-dated cheque for the remaining amount. An affidavit of compromise has 3 been duly executed between the parties, wherein the complainant has stated that he has no objection if bail is granted to the applicant. He also submits that the complainant, being a well- educated person, paid a huge amount to the applicant for obtaining the post of Chairman without proper verification. Payment of money for employment is itself illegal, and therefore the complainant was knowingly involved in an unlawful act, making him equally responsible for the alleged offence. Additionally, the applicant is in jail since 12.11.2025, the applicant has no criminal antecedent, 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 present applicant allegedly cheated the complainant by falsely claiming to be Chairman of MSME of PCI, Delhi, induced him with a promise of appointment and salary, obtained Rs.31,00,000/-, and neither paid the salary nor refunded the amount, 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 4 since 12.11.2025, the fact that though the applicant allegedly cheated the complainant by falsely claiming to be Chairman of MSME of PCI, Delhi, induced him with a promise of appointment and salary, obtained Rs.31,00,000/-, and neither paid the salary nor refunded the amount, but considering the fact that he has no criminal antecedent and 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-Vijay Kumar Chaurasia, involved in Crime No. 415/2025 registered at Police Station Abhanpur Distt. Raipur (C.G.) for the offence punishable under Sections 420, 467, 468 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 5 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. 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