1 2026:CGHC:5371 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 540 of 2026 Tushar Goyal @ Aadi S/o Gourav Goyal Aged About 21 Years R/o In Front Of Mahaveer School, Shikshak Nagar, Tahsil And District Durg (C.G.) (Wrongly Mentioned In The Bail Rejection Order As Tahsil And District Raipur (C.G.)) ... Applicant versus State Of Chhattisgarh Through P.S. Chhawni, District Durg (C.G.) ... Respondent For Applicant : Shri P.R. Patankar, Advocate. For Respondent/State : Shri Saumya Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.496/2025 registered at Police Station Chhawni, District Durg (C.G.) for the offence punishable under Section 318(4) of B.N.S. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.31 19:10:41 +0530 2 2. Case of the prosecution, in brief, is that an F.I.R. has been lodged by the complainant Raj Kumar Gupta S/o Vasudev Gupta R/o Chandrashekar Azad Nagar, Nandini Road, Bhilai against the present applicant on 15.09.25 that his daughter Akansha Gupta was cheated by the present applicant by telling a false story and when they had gone to Gaya the present applicant took gold ornaments and jewelry and also got transferred cash in his account through online transfer and as such cheated the complainant and his wife as such he made written complaint to S.P. Durg on 25.06.25. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that there is delay of 1 year & 9 months in lodging the FIR and the articles have been received by the complainant on supurdnama. He would submit that the charge sheet has been filed in this case, applicant is in jail since 16/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, further the fact that there is delay of 1 year & 9 months in lodging the FIR, period of detention of the applicant since 16/09/2025, charge sheet has been 3 filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, 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 and it is directed that the Applicant- Tushar Goyal @ Aadi, involved in Crime No.496/2025 registered at Police Station Chhawni, District Durg (C.G.) for the offence punishable under Section 318(4) of B.N.S, 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri