1 2026:CGHC:1174 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8588 of 2025 Naveen Mishra S/o Dharmprakash Mishra Aged About 41 Years R/o Patel Nagar, Neelmatha, P.S. Sushant Golf City, District- Lucknow (U.P.) Pin- 226030 ... Applicant versus State Of Chhattisgarh Through- P.S. Vidhan Sabha, Raipur, District- Raipur (C.G.) … Non-Applicant For Applicant : Mr. Sachin Nidhi, Advocate. For Non-Applicant/State : Ms. Vaishali, Mahilong, Deputy Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 0 8.0 1 .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.345/2025, registered at Police Station – Vidhan Sabha, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 318(4), 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the written complaint, the alleged transaction began on 21.05.2025 through a phone call, and the last alleged transaction, as narrated, took place on 10.07.2025. Upon subsequently demanding the return of the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.09 16:13:31 +0530 2 money, the complainant was refused by the persons with whom he was in contact, and thereafter those persons ceased all communication and correspondence with the complainant. This act of deception compelled the complainant to approach the police station to report the incident. Based on the allegations contained in the written report and during the initial investigation, the applicant, along with four other accused persons, was arrested by P.S. Vidhan Sabha. Upon completion of the investigation, P.S. Vidhan Sabha filed the final report/charge sheet before the competent court on 23.09.2025. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant was a member of the firm “Shri Narayani Infra 7 Developers” only at the time of its incorporation on 24.11.2022 and had resigned from the company on 02.01.2024, further identically situated co-accused person, namely, Anup Kumar @ Anup Kumar Mishra has already been granted bail by this Court vide order dated 31.10.2025 passed in MCRC No. 8381/2025. It is also submitted that the applicant has no previous criminal antecedent. The charge-sheet has already been filed in the present case. The applicant has been in judicial custody since 28.07.2025, and the trial is likely to take considerable time to conclude. Therefore, he prays that the applicant be released on bail. 4. On the other hand, the learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case but could not dispute the fact that the co-accused person has already been granted bail by this Court and the applicant has no previous criminal antecedents. 5. I have heard learned counsel for the parties and perused all of the 3 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 the applicant was a member of the firm “Shri Narayani Infra 7 Developers” only at the time of its incorporation on 24.11.2022 and had resigned from the company on 02.01.2024, further identically situated co-accused person, namely, Anup Kumar @ Anup Kumar Mishra has already been granted bail by this Court vide order dated 31.10.2025 passed in MCRC No. 8381/2025, the applicant has no previous criminal antecedent, the charge-sheet has already been filed in the present case and the applicant has been in judicial custody since 28.07.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant- Naveen Mishra, involved in Crime No.345/2025, registered at Police Station – Vidhan Sabha, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 318(4), 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local 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 4 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 Preeti