1 2026:CGHC:9491 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1888 of 2026 1 - Jitendra Kumar Yadav S/o Late Ajit Ram Yadav, Aged About 38 Years R/o House No. L.I.G. 04 Dindayal Colony, Mangala P.S. Civil Line Teh. Bilaspur District Bilaspur C.G. 2 - Ram Prasad Yadav S/o Late Anjori Lal Yadav, Aged About 65 Years R/o Podi P.S. Sakari Teh. Sakari District Bilaspur C.G. ... Applicants versus State Of Chhattisgarh Through Station House Officer, Civil Line Bilaspur, District – Bilaspur, C.G. ... Respondent For Applicants : Mr. Shivang Dubey, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.02.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 1527/2025, registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 3(5) and 317(2) of the BNS. 2. The case of the prosecution, is that the complainant has registered a complaint at Police Station concerned that which is registered as FIR no. 1527/2025at Police Station Civil Lines, Bilaspur Chhattisgarh, complainant lodged a report to the effect that on 24-12-2025, while the complainant was residing at Village Pandhi, Police Station Seepat, for the purpose of labour work, on 24.12.2025, the complainant returned to Bilaspur by bus from Kawardha after visiting her sister-in-law. At approximately 03:00 am, after RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 getting off the bus near Maharana Pratap Chowk, and while standing near the Seepat route, the complainant was approached by an elderly person. The said person informed the complainant that she would receive a cash amount of Rs.2,50,000/-under the Indira Awas Yojana scheme and that the said amount would be credited to her bank near the Tehsil office. After that, the complainant got onto the motorcycle of the said accused. They were joined by another person, who accompanied them. The accused took the complainant towards the Tehsil area. During the course of the journey, the accused made a phone call stating that he was calling "Madam." He further represented that he would visit her house the following day to deliver the money and claimed that he was the Secretary of Devri Village. The complainant has stated that the accused demanded that she provide some advance money. When the complainant informed him that she did not have any money, the accused asked her to leave her gold necklace or earrings as security. Believing the statement made by the accused, the complainant handed over her jewelry to him. Thereafter, the accused left the complainant at Nehru Chowk and departed from the spot along with the other person. The complainant returned to her home by an auto-rickshaw. On 25.12.2025, between the morning hours and approximately 11:00 a.m. to 12:00 noon, the complainant waited for the accused to appear as promised. However, the accused did not appear. It was then that the complainant realized that the accused and the co-accused had dishonestly deceived her and had committed fraud by taking away her gold jewelry valued at approximately Rs. 30,000/-. On the above report of the complainant, the Civil Lines Police Station, Bilaspur registered an FIR and took up the investigation of the case. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there are two criminal antecedents registered against the applicant No.1. He also submits 3 that co-accused namely Kanhiya Lal Soni has also been enlarged on bail by this Court in MCRC No.585 of 2026 vide order dated 23.02.2026. It is further submitted that the charge-sheet has been filed in this case and the applicants are in jail since 03.01.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are two criminal antecedents registered against the applicant No.1 and the charge-sheet has been filed in this case, and the applicants are not entitled for grant of bail. 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 applicants and the fact that co- accused namely Kanhiya Lal Soni has also been enlarged on bail by this Court in MCRC No.585 of 2026 vide order dated 23.02.2026, charge-sheet has been filed against the applicants, the applicants are in jail since 03.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application on the ground of parity. 7. Let applicants – Jitendra Kumar Yadav and Ram Prasad Yadav, involved in Crime No. 1527/2025, registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 3(5) and 317(2) of the BNS, be released on bail on their furnishing a personal bond with two sureties each 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar