1 2026:CGHC:19422 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3799 of 2026 Diwakar Avsariya S/o Bharatlal Avsariya Aged About 42 Years R/o Mahadev Nagar Near Ashadeep College Naya Changora Bhatha Raipur District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Officer - In Charge Police Station - Gidhouri- Tundra Distt- Balodabazar-Bhatapara (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ashutosh Mishra, Advocate. For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/04/2026 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. 170/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Gidhouri- Tundra Distt- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 318(4), 3(5), 111 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant, Deepak Kumar Dansena, lodged a report alleging that he had paid an amount of Rs.1,58,45,000/- to the accused, Ramnarayan Sahu, for investment in share trading on the assurance that the amount would be doubled within one year. It is further alleged that the accused persons induced not only the complainant but also his friend, Vijay Kumar Sharma, to invest money on similar promises. In total, an amount of Rs.6,07,89,000/- is alleged to have been collected by the accused persons under the said pretext. On the basis of these allegations, a First Information Report was registered against the accused persons, a copy of which has been filed as Annexure A/2. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that co-accused, namely, Sampat Kumar Sahu has already been granted anticipatory bail by this Court vide order dated 27.02.2026 passed in MCRCA No.226 of 2026, so far as criminal antecedents of the applicant are concerned, applicant has six criminal antecedents registered at case Crime Nos.279/2025, 269/2025, 378/2025, 470/2025, 433/2025 and 430/2025 against which applicant has preferred bail 3 application bearing MCRC Nos.3710/2026, 3706/2026, 2759/2026, 1669/2026, 796/2026 and 10386/2026, respectively and granted bail by this Court in all the said cases. Furthermore, the applicant is in jail since 24.07.2025, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant in connivance with co-accused persons, dishonestly induced the complainant and others to invest large sums of money in share trading on the false promise of doubling the amount within a year, and thereafter misappropriated the invested amount, thereby committed alleged offence, therefore, the applicant is not entitled for grant of bail. 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 and gravity of offence, period of detention of the applicant since 24.07.2025, the fact that though the applicant in connivance with co-accused persons, dishonestly induced the complainant and others to invest large sums of money in share trading on the false promise of doubling the amount within a year, and thereafter misappropriated the invested amount, but considering the fact that 4 the applicant has six criminal antecedents registered at case Crime Nos.279/2025, 269/2025, 378/2025, 470/2025, 433/2025 and 430/2025 against which applicant has preferred bail application bearing MCRC Nos.3710/2026, 3706/2026, 2759/2026, 1669/2026, 796/2026 and 10386/2026, respectively and granted bail by this Court in all the said cases, further considering the fact that co-accused, namely, Sampat Kumar Sahu has already been granted anticipatory bail by this Court vide order dated 27.02.2026 passed in MCRCA No.226 of 2026 and the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Diwakar Avsariya, involved in Crime No. 170/2025 registered at Police Station Gidhouri- Tundra Distt- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 318(4), 3(5), 111 of BNS, 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 5 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 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. 9. 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 Akhil