1 2026:CGHC:10527 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1112 of 2026 • Shubham Kumar Gupta S/o Sheshnath Gupta Aged About 28 Years R/o Kripal Nagar Kohka, Police Chowki- Smriti Nagar, Supela, Bhilai, District Durg, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through District Magistrate, Durg, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Anmol Gupta, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.02.2026 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. 1123/2025, registered at Police Station – Smriti Nagar, Supela District – Durg (C.G.) for the offence punishable under Sections 318(4), 338, 336(2), 340(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005. 2. The case of the prosecution, is that the complainant filed a written VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.02 18:48:18 +0530 2 complaint in Police Chowki Smriti Nagar, Police Station Supela, District Durg(C.G.) that he is a resident of Risali, Bhilai, Police Station- Newai, District Durg and he is posted as teacher at Trade with Aveth in Smriti Nagar. He got informed by his friend of known that in Tea Surya Mall Bhilai, a company named as Nisha Business Consultancy and Unique Investment Solution is functioning, which gives a return of 20% interest per month in respect of investment in share marketing. He got influenced by such interest return and invested 23,30,000 rupees and after some days he came to know that the above company flee away and had shut down its doors, thereby causing financial loss and cheat. Hence, this FIR has been lodged. 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 are two criminal antecedents registered against the present applicant, bearing crime No.0192 of 2021 for offence under Sections 294, 323, 506, 325 read with Section 3(5) of IPC registered at Police Station Vaishali Nagar, Durg and bearing crime No.1042 of 2021 for offence under Section 294, 506, 323 read with Section 34 of IPC. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 19.09.2025 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 are three criminal cases registered against the present applicant, two of which have been mentioned in the bail application, but no explanation has been given regarding the offence under the NDPS Act and the charge-sheet has been filed in this case. 3 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, nature and gravity of allegation levelled against the applicant and the fact that charge-sheet has been filed against the applicant, the applicant is in jail since 19.09.2025 and conclusion of the trial is likely to take some time, considering the period of detention of the applicant I am inclined to allow this application. 7. Let applicant, Shubham Kumar Gupta, involved in Crime No. 1123/2025, registered atPolice Station – Smriti Nagar, Supela District – Durg (C.G.) for the offence punishable under Sections 318(4), 338, 336(2), 340(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005, 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali