1 2026:CGHC:21685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4342 of 2026 Kishor Kumar Sharma S/o Ramsharan Sharma Aged About 40 Years R/o Thakkarbappa Bada Ashok Nagar Andar Ganesh Nagar, District Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through P.S. City Kotwali, Baloda Bazar, Distt. Balodabazar-Bhatapara, Chhattisgarh ... Non-Applicant For Applicant :Mr. Aman Pandey, Advocate. For Non-Applicant/State :Mr. Nitansh Jaiswal, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.05.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 0729/2024 registered at Police Station - City Kotwali, Baloda-Bazar, Distt. Balodabazar-Bhatapara(C.G.), for the offences punishable under Sections 420 and 34 of Indian Penal Code. 2. As per the prosecution story, the complainant lodged a complaint alleging that during the period between 30.12.2019 and 26.11.2020, Kishore Kumar Sharma and others cheated him of Rs.10 lakh, Rs.1 lakh from Bhojram Sahu, Rs.2 lakh from Thanuram Sahu, and Rs.1 lakh from Lakesh Sahu, amounting in total to Rs.14 lakh, on the false pretext of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.08 19:39:53 +0530 2 securing appointment to the post of Block Education Officer in the Education Department. On the basis of the aforesaid allegations, the present offence came to be registered and, after completion of investigation, the police filed a charge-sheet before the learned Trial Court, wherein it was stated that part of the alleged amount was paid in cash and part was transferred through bank accounts. It is pertinent to mention that the applicant had already returned the amount allegedly taken from the complainant, however, the same is now being misused to falsely implicate the applicant in the commission of the alleged offence. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. It is further submitted that the charge-sheet has already been filed. Learned counsel further submits that there is considerable delay in filing the instant complaint as the alleged offence took place on 30.12.2019 to 26.11.2020, however, the FIR was registered on 16.10.2024. It has submitted that the prosecution has failed to explain the inordinate delay in preferring the present complaint. Further, the applicant has two previous criminal antecedents, which are still pending, and the same have been duly explained in paragraph No. 4(a) of the present bail application. It is also submitted that the applicant is in judicial custody since 03.09.2025. Therefore, it is prayed that the present applicant be released on regular bail. 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 also submits that the accused/applicant is alleged to have defrauded an amount of Rs.14 lakh on the pretext of providing employment, further the applicant has two previous criminal antecedents, hence, the applicant is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegations and the material available on record, the fact that, there is an inordinate delay in lodging the FIR, further the charge-sheet has already been filed and the criminal antecedents of the applicant have been duly explained in paragraph No. 4(a) of the present bail application, further the applicant is in judicial custody since 03.09.2025, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the Applicant – Kishor Kumar Sharma, involved in Crime No. 0729/2024 registered at Police Station - City Kotwali, Baloda-Bazar, Distt. Balodabazar- Bhatapara(C.G.), for the offences punishable under Sections 420 and 34 of Indian Penal Code, be released on bail on his furnishing 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her 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 Preeti