1 2026:CGHC:1273 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7845 of 2025 • Surendra Chaudhari S/o Harihar Prasad Aged About 49 Years R/o Gram Manjhriya, Post Office - Lalganj, District- Uttar Pradesh. ... Applicant versus • State Of Chhattisgarh Through Police Station - Dondi District- Manendragarh-Chirmiri-Bharatpur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Hemant Kumar Agrawal, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.01.2026 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. 60/2023, registered at Police Station – Pondi, District – Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 420 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and 66(A) of IT Act. 2. The case of the prosecution, is that the complainant send 100/- rs. through phone pay app in the mobile no. of the agent of UNION MALL company, the complainant received 190/- rs. Thereafter the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.12 10:55:42 +0530 2 complainant send through online 94,000/- rs. from her account, and she also sent 36,000/- rs. through her mother's account number. This way that holder of mobile number 66961292606 was cheated 1,30,000/- rs. Therefore the Police Station registered an FIR u/s 420 of the IPC, and investigation going on u/s 420 of IPC and section 66(A) IT Act. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 13.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the complainant send Rs.100/- through phone pay app in the mobile no. of the agent of UNION MALL company, the complainant received Rs.190/-. Thereafter the complainant send through online Rs.94,000/- from her account, and she also sent Rs.36,000/- through her mother's account number. This way that holder of mobile number 66961292606 was cheated Rs.1,30,000/-, therefore, he is 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, 3 nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 13.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Surendra Choudhari, involved in Crime No.60/2023, registered at Police Station – Pondi, District – Manendragarh- Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 420 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and 66(A) of IT Act, 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 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. 4 (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 vaishali