1 2026:CGHC:1410 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 212 of 2026 Pawan Tandeshwar S/o Late Bisan Lal Tandeshwar Aged About 40 Years R/o Ward No. 01, Siddharth Nagar, Budhi Balaghat (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station Saraswati Nagar, District Raipur (C.G.) ... Non-applicant(s) For Applicant : Mr. Jitendra Shukla, Advocate For Non-applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Adv. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.01.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 255/2024 registered at Police Station Saraswati Nagar District - Raipur (C.G.) for the offence under Section 318(4) read with Section 3(5) of B.N.S. 2. Case of the prosecution, in brief is that a complaint was filed against the applicant/accused and others for an offence under Sections 318(4) and 3(5) of the Indian Penal Code 2023. The accused KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 allegedly took over ₹18,00,000/- from various complainants for providing coaching services for competitive exams, but instead closed the coaching institute without providing any services. On the basis of above, the aforesaid offence has been registered against the applicant along with co-accused. The fact is evidence from the copy of FIR which is filed as Annexure A-2. 3. Learned counsel for the applicant submits that the applicant has neither committed nor participated in any act amounting to the alleged offences. The evidence collected by the prosecution is not prima facie sufÏcient to hold the applicant guilty, as, for instance, the complainant alleged deposit in the applicant’s account (Account No. 102752000004992, Yash Bank) is not reflected in the account. It is further submitted that co-accused Ruby Majumdar has already been granted anticipatory bail by this Court vide order dated 22.01.2025 in MCRC No. 111/2025. The main accused in this case is Siddhant Joshi, the director of the coaching centre, who collected money from complainants for coaching services but closed the institute without providing services. The present applicant was merely an employee teaching students and had no authority in running the coaching centre, operations were authorized to Moti Lal Jain and notices under Sections 179/94 of BNSS were issued to Siddhant Joshi, who replied to the same, establishing that the centre was under his control. The applicant has been in custody since 25.10.2025 and the charge-sheet has already been filed. Considering his long detention and the above facts, it is submitted that this Court may be pleased to grant regular bail to the applicant. 3 4. On the other hand, learned State counsel has opposed the prayer for grant of regular bail and submits that the applicant along with co-accused persons allegedly took over Rs. 18,00,000/- from various complainants for providing coaching services for competitive exams, but instead closed the coaching institute without providing any services. As such, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the submissions of the parties and the material on record, it is evident that the applicant has been in custody since 25.10.2025 and the charge-sheet has already been filed. The applicant was merely an employee of the coaching centre, responsible only for teaching students and had no authority in managing or running the institute, which was under the control of the main accused, Siddhant Joshi. The co-accused Ruby Majumdar has already been granted anticipatory bail by this Court. Prima facie, the evidence against the applicant is insufÏcient to establish his involvement in the alleged offence. In view of his long detention and the fact that he was not responsible for the alleged financial irregularities, this Court is of the considered view that the present applicant is entitled to be released on bail. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the Applicant – Pawan Tandeshwar, involved in Crime No. 255/2024 registered at Police Station Saraswati Nagar District - 4 Raipur (C.G.) for the offence under Section 318(4) read with Section 3(5) of B.N.S, be released on bail on furnishing 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 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 5 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 Kunal