1 2026:CGHC:969 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10549 of 2025 Dilip Sharma S/o Late Seetaram Sharma Aged About 40 Years Resident Of Ward No. 07, Saraipali, Police Station Saraipali, District Mahasamund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- The Station House Officer, Police Station Saraipali, District Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Raghvendra Pradhan, Advocate. For Respondent(s) : Ms. Anusha Naik, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/012026 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. 78/2025 registered at Police Station Saraipali, District Mahasamund (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 318(4) r/w Section 3(5) of BNS. 2. Case of the prosecution, in brief, is that the Branch Manager of Indian Overseas Bank, Saraipali, submitted a written complaint alleging that the present applicant, along with other co-accused persons, mortgaged duplicate gold ornaments with the Bank and fraudulently withdrew loan amounts against the said ornaments. It was further alleged that the accused persons claimed that the gold ornaments were purchased from one Naimuddin. Upon verification, the ornaments were found to be duplicate/fake. On the basis of the said complaint, the police registered a crime against the accused persons and, after due investigation, filed a charge-sheet before the concerned Court. 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 the identically situated co-accused persons, namely, Ravishankar Patel, Hazari Prasad, Sheikh Naimuddin and Khirod Sahu have already been granted bail by this Court vide orders dated 02.12.2025, 04.12.2025 and 15.12.2025 in MCRC Nos. 9707 of 2025, 9909 of 2025 and 10328 of 2025. The applicant is in jail since 09.12.2025, the applicant has no criminal antecedent, 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. 3 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. She further submits that the applicant in connivance with the co-accused persons, mortgaged duplicate/fake gold ornaments with the Indian Overseas Bank, Saraipali, and dishonestly obtained loan amounts by misrepresenting the said ornaments as genuine gold, 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 09.12.2025, the fact that though the applicant in connivance with the co-accused persons, mortgaged duplicate/fake gold ornaments with the Indian Overseas Bank, Saraipali, and dishonestly obtained loan amounts by misrepresenting the said ornaments as genuine gold, but considering the fact that identically situated co-accused persons, namely, Ravishankar Patel, Hazari Prasad, Sheikh Naimuddin and Khirod Sahu have already been granted bail by this Court vide orders dated 02.12.2025, 04.12.2025 and 15.12.2025 in MCRC Nos. 9707 of 2025, 9909 of 2025 and 10328 of 2025, further the applicant has no criminal antecedent and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on 4 bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Dilip Sharma, involved in Crime No. 78/2025 registered at Police Station Saraipali, District Mahasamund (C.G.) for the offence punishable under Sections 318(4) r/w Section 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 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 5 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