1 2026:CGHC:24661 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5035 of 2026 Hasmuddin (Wrongly Mentioned As Hasmiddin) @ Harsh @ Hasan Khan @ Abhishek S/o Sheikh Kamruddin, Aged About 35 Years R/o Bakalitola P.S. Doundilohara District Balod C.G. ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer Police Station Rajhara District Balod C.G. ... Respondent(s) For Applicant(s) : Mr. Sudhanshu Kumar Singh, Advocate. For Respondent(s) : Dr. Sourabh Pande, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/06/2026 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. 301/2025 registered at Police Station Rajhara District Balod (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 318(4), 317(4), 111, 3(5) of BNS. 2. Case of the prosecution, in brief, is that the applicant Hasmuddin and co-accused Aamir Khan, in furtherance of a criminal conspiracy with co-accused Rahul Kumar Yadav, allegedly posed themselves as officials of NABARD and induced innocent villagers to hand over their Aadhaar cards, PAN cards, Kisan booklets, photographs and other documents on the pretext of facilitating benefits under various government schemes, including fencing, fisheries, KCC loans, car loans and tractor loans. It is alleged that, by using such documents, the accused persons dishonestly misappropriated and siphoned off funds from the bank accounts of the victims. It is further alleged that the accused persons visited UCO Bank, Kusumkasa and other places for facilitating the transfer of the defrauded amounts from the accounts of the villagers to various bank accounts, including an account maintained with Punjab National Bank. The prosecution further alleges that the applicant accompanied the co-accused to village Rengadabri and nearby areas for contacting and identifying prospective victims, whereas co-accused Aamir Khan actively operated the victims' bank accounts and transferred the defrauded amounts to the account of co-accused Rahul Kumar Yadav. 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, Rahul Kumar Yadav has already been granted bail by this Court vide order 3 dated 08.04.2026 in MCRC No.2709 of 2026, though the said co- accused was not named in the FIR, but the amount was transferred in his account, so far as present applicant is concerned, he is named in the FIR. The applicant is in jail since 24.10.2025, the applicant has one criminal antecedent of the year 2025 under the BNS, against which he has preferred bail application bearing MCRC No.5028 of 2026 listed at serial No.37, further the 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 along with the co-accused persons, impersonated himself as a NABARD official and induced innocent villagers to hand over their Aadhaar cards, PAN cards, Kisan booklets and other documents on the pretext of availing benefits under various government schemes. It is further alleged that the applicant assisted the co-accused in identifying prospective victims and facilitating the transfer of the defrauded amounts from the victims' bank accounts to the accounts of the co- accused persons. He also submits that the applicant has one more criminal antecedent, which is of the year 2020, 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, 4 nature and gravity of offence, period of detention of the applicant since 24.10.2025, the fact that though the applicant, along with the co-accused, allegedly impersonated a NABARD official, obtained villagers' documents on the pretext of government schemes, and facilitated the transfer of defrauded amounts from the victims' accounts to the accounts of the co-accused, but considering the fact that co-accused, namely, Rahul Kumar Yadav, in whose account amount has been received has already been granted bail by this Court vide order dated 08.04.2026 in MCRC No.2709 of 2026, so far as his criminal antecedents are concerned, he has two criminal antecedents, one is under the BNS of the year 2025, against which the applicant has preferred bail application bearing MCRC No.5028 of 2026 listed at serial No.37, which is also allowed today itself by this Court and another case is of the year 2020, further 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-Hasmuddin, involved in Crime No. 301/2025 registered at Police Station Rajhara District Balod (C.G.) for the offence punishable under Sections 318(4), 317(4), 111, 3(5) 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 5 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 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