1 CGHC010175962026 2026:CGHC:28420 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4117 of 2026 Kalam Khan S/o Sakur Khan Aged About 26 Years R/o Village Karkali, P.S. Kusmi, Distt. Jashpur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through S.H.O. P.S. Lodam, Distt. Jashpur, Chhattisgarh. ...Non-applicant For Applicant : Mr. Chitendra Singh, Advocate. For Non-applicant/State : Ms. Smita Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 09.07.2026 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. 59/2025 registered at Police Station – Lodam, District - Jashpur (C.G.), for the offences punishable under Sections 318(4), 3(5), 61(2) of the BNS. 2. The prosecution case, in brief, is that on the basis of a written complaint dated 01.12.2025 lodged by the complainant, Firoz Hazam, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.09 19:08:33 +0530 2 before Police Station Lodam, District Jashpur (C.G.), it was alleged that in the month of November, 2025, accused Kalam Khan represented to the complainant that he was in possession of approximately 450 grams of gold which he intended to sell at a concessional price. Believing the representation, the complainant agreed to purchase the same. Thereafter, on 27.11.2025, accused Kalam Khan showed the complainant, through a video call, an object resembling gold and both agreed to meet at Bhasalmanda–Jamtoli Road. On 29.11.2025, accused Kalam Khan, along with co-accused Shankar Lal Bhagat and Bihari Tirki, arrived in a white Creta car and showed the complainant the said object. A deal for Rs.10,00,000/- was finalized, pursuant to which the complainant paid an advance amount of Rs.10,000/- in cash to the accused persons and took possession of the object. Subsequently, after showing the object to his brother and other persons, the complainant got it examined by goldsmith Hrithik Soni of Village Lodam, who opined that the object was not gold. Upon realizing that he had been cheated, the complainant returned the object to the accused persons and demanded refund of the advance amount; however, the accused persons refused to return the same. On the basis of the complaint, the present crime was registered and investigation was set into motion. During investigation, the object resembling gold was seized from the possession of accused Kalam Khan on 01.12.2025 and sent to the Forensic Science Laboratory, Raipur, for examination. The accused persons, namely, Kalam Khan, Bihari Tirki and Shankar Lal Bhagat, were arrested on 01.12.2025 and remanded to judicial custody. Thereafter, statements of witnesses were recorded, the spot inspection was conducted, the seized article 3 was sent for FSL examination, and other incriminating evidence was collected. Upon completion of the investigation, finding sufficient material against the accused persons for commission of the alleged offences, Charge-sheet No. 02/2026 dated 27.01.2026 was filed before the competent Trial Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has been arrested merely on the basis of oral allegations and that no amount was ever paid to him as advance by the complainant. It is further submitted that the alleged seizure memo has been falsely prepared by the police with a view to implicate the applicant along with the co-accused. Learned counsel also submits that the investigation is unfair and incomplete, as the Investigating Agency failed to collect the WhatsApp call details, which constitute the foundation of the prosecution case, and without collecting such electronic evidence, the applicant has been falsely roped into the alleged offence. It is further submitted that the offences alleged are triable by the learned Judicial Magistrate First Class, the applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence, and he 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 him the benefit of bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has two 4 previous criminal antecedent, therefore, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, and further taking into account the period of detention, as the applicant has remained in judicial custody since 01.12.2025, and the fact 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 regular bail to the applicant. 7. Let the Applicant – Kalam Khan, involved in Crime No. 59/2025 registered at Police Station – Lodam, District - Jashpur (C.G.), for the offences punishable under Sections 318(4), 3(5), 61(2) of the BNS, be released on bail on his furnishing personal bond with two local 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (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 5 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 Vaibhav