1 2026:CGHC:9290 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9674 of 2025 Narendra Behra S/o Subechand Behra Aged About 25 Years R/o Village Milupara, P.S. And Tahsil Tamnar, District Raigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station Tamnar, District Raigarh (C.G.) ... Respondent For Applicant : Shri Chandrasen Chouhan, 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.266/2025 registered at Police Station Tamnar, District Raigarh (C.G.) for the offence punishable under Sections 420, 409 of I.P.C. 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 the complainant has lodged a report to the concerned police Station, alleging that on the date of incident, the applicant has wrongly transferred amount of Rs. 4,62,500/- of the complainant in his account by cheating at many installment. Based upon such complaint made by the complainant, the police has registered the case under section 420, 409 of I.P.C. against the unknown persons and after the investigation, the police has arrested the present applicant on the memorandum statement. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He would submit that the applicant is running a registered kiosk branch of IDFC First Bank at Village Milupara. The transactions in question were carried out in the ordinary course of banking business, and the applicant has neither committed any fraud nor cheated the complainant. He would submit that the alleged incident pertains to 17.09.2020, whereas the FIR has been registered on 09.11.2025, after an inordinate and unexplained delay of more than five years. He would submit that the complainant had purchased land for a consideration of Rs. 7,65,000/- through a sale agreement dated 30.03.2021. The present dispute appears to be civil in nature arising out of a land transaction, and the criminal case has been lodged with mala fide intention. The applicant has neither obtained the alleged amount nor derived any wrongful gain. No material has been produced to show that he personally received or misappropriated any funds. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 09/11/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 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, period of detention of the applicant since 09/11/2025, 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. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Narendra Behra, involved in Crime No.266/2025 registered at Police Station Tamnar, District Raigarh (C.G.) for the offence punishable under Sections 420, 409 of I.P.C., 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 4 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 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