1 CGHC010216192026 2026:CGHC:28658 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5015 of 2026 • Rupesh Singh S/o Shrikant Singh Aged About 34 Years R/o -Sita Nagar Near Railway Crossing Gogaon, Police Station Gudhiyari District Raipur C.G. ... Applicant(s) versus • State Of Chhattisgarh Through- Station House Officer, Police Station Mandir Hasoud, District Raipur C.G. ... Respondent(s) For Applicant(s) : Mr. C.R. Sahu, Advocate For Respondent(s) : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 148/2026, registered at Police Station – Mandir Hasoud, District – Raipur (C.G.) for the offence punishable under Sections 318(4), 61(2), 317(2), 112, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 182A(4) of Motor Vehicle Act. 2. The case of the prosecution, is that the applicant and other co- accused prior making plan for doing conspiracy and prepared team to his vehicle Trailer inside 8.4 Feet long, 5.11 inch width, 1.5inch VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.10 18:46:45 +0530 2 upper was made Box wherein pin iron (Kachcha Loha) for the dumping the rod and actual weight loading the equal iron and create false and fake cheating with the complainant. In the present case the applicant who is driver as accused Bablu Singh, Haricharan Singh who were absconded after incident. In the present case the memorandum statement has been recorded of accused Chumman Lal Sahu, Rupesh Singh in which Transporter Raju Singh with together the said crime has been created. Similarly the memorandum statement has been recorded of accused Amandeep Singh Saini also and TMT Sariya of sale amount of Rs. 10,000/- cash and driver Guruprit Singh @ Gopi Dhillan of Mobile has been seized. The applicant and co-accused with together cheating false and fake has been found fraudulently which comes under the prime facie case. Earlier other co-accused Raju Singh, Amandeep Singh of bail application has been rejected by this court. In the present case the present applicant Rupesh Singh case is just different. On the basis of such complaint lodged by the complainant the concerned police station Mandir Hasoud, Raipur registered the crime No.148/2026 for an offence under section 318(4)61(2),317(2),112,3(5) & Other Offence 182A(4) Motor Vehicle Act. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is two criminal antecedents registered against the present applicant bearing crime No.207 of 2013 registered at Police Station Gudhiyari, District – Raipur (C.G.) for offence under Sections 354, 457, 34 of IPC and Crime No.324 of 2018 registered at Police Station Devendra Nagar District – Raipur (C.G.) for offence under Sections 294, 323, 452 of IPC, in both cases applicant has been acquitted. It is 3 further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 22.03.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are two criminal antecedents registered against the present applicant, and details of the same is mentioned in the bail application at part-D. She further submits that the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are two criminal antecedents registered against the present applicant, and in both cases applicant is acquitted, charge- sheet has been filed against the applicant, the applicant is in jail since 22.03.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Rupesh Singh involved in Crime No.148/2026, registered at Police Station – Mandir Hasoud, District – Raipur (C.G.) for the offence punishable under Sections 318(4), 61(2), 317(2), 112, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 182A(4) of Motor Vehicle Act, 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, 4 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. 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 Vaishali