1 2026:CGHC:9296 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 648 of 2026 Swapan Kumar Guchait S/o Sudarshan Guchait Aged About 46 Years R/o Shiv Shankar Chowk, Dheemar Mohalla, Tikrapara, Tahasil And District Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Telibandha, District Raipur (C.G.) ... Respondent For Applicant : Ms. Madhunisha Singh, Advocate. For Respondent/State : Shri Nitansh Jaiswal, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/02/2026 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.410/2024 registered at Police Station Telibandha, District Raipur (C.G.) for the offence punishable under Sections 420 & 120 B of Indian Penal Code. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.24 11:19:22 +0530 2 2. Case of the prosecution, in brief, is that on the basis of a complaint submitted by Chhattisgarh State Gramin Bank, Police Station Telibandha, Raipur, registered an NCR alleging that Nikhil Raghuvanshi, Madhav Jana, and the present applicant, in connivance with Manoj Soni (seller), obtained agricultural loans by submitting documents relating to agricultural land as collateral. It is alleged that Nikhil Raghuvanshi obtained a loan amount of Rs.13,50,000/-, Madhav Jana obtained a loan amount of Rs.13,50,000/-, and the present applicant obtained a loan amount of Rs.8,00,000/-from the said bank by showing certain parcels of land as mortgage security. According to the prosecution, upon verification of the revenue records and ownership documents, discrepancies were noticed with respect to the title and eligibility of the land shown as collateral. It is further alleged that the said transactions were facilitated in connivance with Manoj Soni, who acted as the seller of the land. On the basis of these allegations, the bank reported the matter to the police, and after preliminary inquiry, the case was registered as a Non-Cognizable Report (NCR). 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. She would submit that the dispute arises out of an alleged loan transaction relating to agricultural land and is predominantly civil in nature. She would submit that the applicant had obtained a loan of Rs. 8 lakh from Chhattisgarh State Gramin Bank, which already stands fully settled through a valid One Time Settlement (OTS) dated 12.03.2024, prior to registration of the FIR dated 03.06.2024 and the loan account is closed and no dues remain outstanding. She would submit that the case was initially 3 registered as a Non-Cognizable Report (NCR) and no forged document or incriminating material has been recovered from the applicant, nor is there any allegation that he fabricated or prepared false documents. The loan was sanctioned after due verification of revenue records and title documents by the bank itself. She would submit that the alleged transaction pertains to the year 2015–2016, whereas the FIR/NCR has been lodged after an unexplained delay of nearly 8–9 years. She would submit that the charge sheet has been filed in this case, the applicant is in jail since 07/12/2025 and conclusion of trial will take some time, therefore, she 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, submission of learned counsel for the parties, further the fact that the applicant had already settled the entire loan account through a One Time Settlement (OTS) with the complainant bank on 12.03.2024, period of detention of the applicant since 07/12/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. 4 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Swapan Kumar Guchait, involved in Crime No.410/2024 registered at Police Station Telibandha, District Raipur (C.G.) for the offence punishable under Sections 420 & 120 B of Indian Penal Code, 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. (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 5 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