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2026 DAILYLAW 22815 (CHH)

VELIVATI VENKAT NAGA KIRTI v. STATE OF CHHATTISGARH

MCRC/5464/2026 · 2026-06-21

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1 2026:CGHC:25486 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5464 of 2026 Velivati Venkat Naga Kirti W/o Velivati Venkat Shiva Rama Kishor Aged About 36 Years R/o D No 36-84-20 Vivekanand Street Surya Bharti School Reddy Kancharaplem Vishakhapatnam Andhra Pradesh (India) ... Applicant versus State Of Chhattisgarh Through The Station House Officer Police Station Torwa, District- Bilaspur (C.G.) ... Respondent For Applicant : Mr. Vikas Upadhyay, Advocate. For Respondent For Objector : : Mr. Priyank Rathi, G.A. Mr. Harshmander Rastogi, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/06/2026 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. 179/2026 registered at Police Station Torwa, District - Bilaspur (C.G.) for the offence punishable under Sections 318(4),336(3), 3(5) of the BNS. 2. The prosecution case in brief is that, co-accused Mrs. Treniti Indrani VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.23 11:27:03 +0530 2 allegedly assured the complainant, N. Venkata Surya Pratap, that she could secure a job in the Indian Railways for his son. Acting upon such assurance, the complainant allegedly paid a total sum of 15,00,000/- in different installments, which was transferred to the bank account of the present applicant, Veliveti Venkat Naga Keerthi. It is further alleged that, in order to gain the confidence of the complainant, a forged appointment/offer letter purportedly issued by the Ministry of Railways was sent through e-mail by co-accused When the complainant's son was not appointed and the accused persons allegedly continued to make excuses, the complainant suspected that he had been cheated. Upon enquiry into the complaint, bank transactions, e-mails and other relevant documents, the police prima facie found that the co-accused, in furtherance of their common intention, had dishonestly induced the complainant to part with money on the false promise of securing employment and had used forged documents for the said purpose. Accordingly, an offence under Sections 318(4), 336(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 was registered against the accused persons investigation was taken up. A copy of F.I.R. Bearing Crime No. 179/2026 Registered in Police Station Torwa District Bilaspur C.G. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case without there being any cogent material to connect her with the alleged offence. It is contended that the alleged transactions pertain to the year 2020, whereas the FIR came to be registered only on 02.04.2026 after an unexplained delay of nearly six years, which creates serious doubt regarding the authenticity of the prosecution case. It is further 3 submitted that, as per the prosecution story itself, all alleged representations, assurances, and demands for money were made by co-accused Mrs. Treniti Indrani, and the present applicant never had any direct interaction, communication, negotiation, or dealing with the complainant. There is no specific allegation that the applicant induced the complainant, demanded any money, promised employment to his son, or participated in the preparation or transmission of the alleged forged appointment letter. The implication of the applicant is based solely on the allegation that certain amounts were transferred to her bank account, however, mere receipt of money, in the absence of any material indicating active participation in the alleged offence, does not establish criminal liability. Learned counsel further submits that the case is based predominantly on documentary evidence, bank records, electronic communications, and other materials already in possession of the investigating agency; therefore, no custodial interrogation of the applicant is required. It is also submitted that the applicant is a woman and the mother of a six-month-old infant child, whose care, nourishment, and day-to-day upbringing are entirely dependent upon her, and her incarceration would seriously prejudice the welfare of the child. The applicant is a permanent resident of the address mentioned in the cause title of the application, possesses movable and immovable properties, has deep roots in society, and there is no likelihood of her absconding or tampering with the prosecution evidence. The applicant is ready and willing to furnish adequate surety and abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting bail. 4. On the other hand, learned State Counsel as well as learned counsel 4 for the objector opposed the bail application and submitted that the applicant, in connivance with the co-accused persons, induced the complainant, a 70-year-old senior citizen, to part with a sum of Rs.15,00,000/- on the false promise of securing government employment for his son. It is submitted that a portion of the cheated amount was directly transferred to the applicant's bank account and forged appointment letters were used to lend credibility to the false assurances. Despite receiving the money, neither employment was secured nor was the amount refunded. Learned counsel further submits that the direct financial transactions in the applicant's account, coupled with the material collected during investigation, prima facie establish her involvement in the alleged offence. It is also contended that one of the co-accused persons is still absconding and, if released on bail, the applicant may evade the process of law. Considering the gravity and seriousness of the allegations, the magnitude of the fraud, and the prima facie material available on record, the applicant is not entitled to the discretionary relief of bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, the fact that the applicant is a woman and the mother of a six-month-old infant child, and further taking into account that she has remained in judicial custody since 08.01.2026, that the charge-sheet has already been filed before the competent Court, and that the conclusion of the trial is likely to take considerable time, this Court is inclined to grant 5 regular bail to the applicant. This Court also finds that the case of the present applicant is distinguishable from that of the other co-accused. 7. Let the applicant - Velivati Venkat Naga Kirti, involved in Crime No. 179/2026 registered at Police Station Torwa, District - Bilaspur (C.G.) for the offence punishable under Sections 318(4),336(3), 3(5) of the 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 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 his 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 6 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 vaibhav