1 2026:CGHC:6579 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1273 of 2026 Yashwant Patnayak S/o Late Vishwanath Patnayak Aged About 49 Years R/o Village- Godhi, P.S.- Tamnar, District- Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- City Kotwali District- Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Deputy Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.02.2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 727/2024 registered at Police Station – City Kotwali, District - Raigarh (C.G.) for the offences punishable under Sections 420 and 34 of Bharatiya Nyaya Sanhita, 2023. 2. The first bail application of the applicant was rejected on merits by this Court vide order dated 05.02.2025 passed in MCRC No. 160/2025. 3. According to the prosecution’s story, in brief, the complainant, Kaushal Prasad Kaushik, lodged a report on 01.12.2024 at City Kotwali Police ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.06 11:07:58 +0530 2 Station, Raigarh, alleging that on 15.10.2016 he met his colleague, co- accused Nirmala Nishad, who informed him that co-accused Satish Sahu might provide jobs for his children. On the same day, the complainant met Satish Sahu, who obtained the certificates of the complainant’s children and assured him that he would arrange jobs for them. Thereafter, Satish Sahu obtained an amount of Rs. 1,17,000/- from the complainant for providing jobs. Subsequently, on 20.09.2018, Satish Sahu introduced the complainant to the present applicant, who allegedly assured the complainant that he would provide jobs for his children at Jindal Company, Tamnar. On the basis of these assurances, the present applicant allegedly obtained a total amount of Rs. 29,44,800/- from the complainant through co-accused Satish Sahu; however, no jobs were provided. When the complainant demanded the return of his money, the accused persons refused to return the amount, thereby cheating the complainant in the name of providing jobs for his children. On the basis of the said report, an offence under Sections 420 and 34 of the Indian Penal Code was registered against the present applicant and co- accused Satish Sahu. 4. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant, preferred on the ground that a similarly situated co-accused, namely Satish Sahu, has already been enlarged on anticipatory bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 14086/2025 vide order dated 01.12.2025. He further submits that there are 14 prosecution witnesses in the present case, and only one witness out of the 14 has been examined to date. The applicant has been in jail since 02.12.2024, and the conclusion of the trial may take some time. Therefore, he prays for the grant of regular bail to the applicant. 3 5. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the case, however, he could not dispute the fact that the co-accused has been granted anticipatory bail by the Hon’ble Supreme Court and by this Court. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the charge-sheet has been filed against the applicant, and further the fact that a similarly situated co-accused, namely Satish Sahu, has already been enlarged on anticipatory bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 14086/2025 vide order dated 01.12.2025. Moreover, the fact that there are 14 prosecution witnesses in the present case, and only one witness out of the 14 has been examined to date, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let applicant, Yashwant Patnayak, involved in Crime No. 727/2024 registered at Police Station – City Kotwali, District - Raigarh (C.G.) for the offences punishable under Sections 420 and 34 of Bharatiya Nyaya Sanhita, 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 condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass 4 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 sufÏcient 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 sufÏcient 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. OfÏce 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 Abhishek