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2026 DAILYLAW 25990 (CHH)

NARESH RANA v. STATE OF CHHATTISGARH

MCRC/4762/2026 · 2026-07-08

Transfer Petitionbody2026

Judgment text

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1 CGHC010198062026 2026:CGHC:28762 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4762 of 2026 1 - Naresh Rana S/o Dilip Rana Aged About 28 Years R/o Dhumabhatha, P.S. Basna Distt. Mahasamund (C.G.) 2 - Kanhaiya Sao S/o Uttam Kumar Sao Aged About 30 Years R/o Bansula P.S. Basna Distt. Mahasamund (C.G.) 3 - Vinod Rijhwani S/o Murli Rijhwani Aged About 28 Years R/o Setpal Nagar, Ward No. 13, Tilda, P.S. Tilda Distt. Raipur (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, (S.H.O.) P.S. Basna Distt. Mahasamund (C.G.) ... NOn-Applicant For Applicants : Shri Devershi Thakur with Miss Priyanshi Dubey, Advocate. For Non-Applicant : Shri Soumya Rai, GA. 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 applicants who have been arrested in connection with Crime No.72/2026 registered at Police Station Basna District KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.11 11:14:06 +0530 2 Mahasamund (C.G.) for the offence under Sections 318 (4), 317 (4) & 61 (2) of the BNS. 2. The prosecution case, in brief, is that one Sharad Soni made a complaint stating that on 12.4.2024, a boy named Sumit Namvani had come to him for transfer of funds in the account No.60478441122, with mobile number 88174-07575 belonging to one Salik Ram Sahu, where he had transferred an amount of Rs.20,000/-. Next day i.e. on 13.4.2024, he came along with one of his friends namely, Ritesh Sahu and again transferred Rs.30,000/- and thereafter their mobile numbers were blocked. It is alleged that after about 2 years i.e. on 19.2.2026, the complainant has filed a complaint that he was lured by the applicants and taken to village Bansula. On 1.2.2024, saving account was opened in the Bank of Maharashtra, Basna Branch in the name of complainant. It is also alleged that the applicants took control of the SIM card, passbook, ATM Card and utilized the same for fraudulent transactions amounting to Rs.1,02,55,056.19/-. Thereafter the FIR was registered against the applicants. Hence the bail application. 3. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the crime. No recovery of complainant’s bank documents or ATM cards has been made from conscious possession of the applicants and only their personal mobile phones were seized. The complainant himself opened the bank account and provided 3 his credentials. The applicants do not have any criminal antecedents. The applicants are in jail since 19.2.2026. Therefore, the applicants may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicants do not have any criminal antecedents and the charge sheet has been submitted against the applicants. 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, and the fact that the charge sheet has already been submitted against the applicants, the applicants do not have any criminal antecedents, which is mentioned in the bail application, the applicants are in jail since 19.2.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicants are entitled to be released on bail in the present case. 7. Let the Applicants – Naresh Rana, Kanhaiya Sao & Vinod Rijhwani, involved in Crime No.72/2026 registered at Police Station Basna, District Mahasamund (C.G.) for the offence under Section 318 (4), 317 (4) & 61 (2) of the BNS, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the 4 effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse 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 applicants 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 5 applicants are 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 them 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. Sd/- (Ramesh Sinha) Chief Justice Barve