1 CGHC010219842026 2026:CGHC:29143 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5137 of 2026 Virendra Giri Goswami S/o Sambhu Giri Goswami Aged About 45 Years R/o Village Bajar Para Sambalpur Tehsil Doundilohara District Balod C.G. ... Applicant versus State Of Chhattisgarh Through- Station House Officer, P.S. Doundilohar District Balod C.G. ... Respondent For Applicant : Shri Prasoon Agrawal, Advocate. For Respondent/State : Shri Nitansh Jaiswal, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2026 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.64/2026 registered at Police Station Doundilohar, District Balod C.G. for the offence punishable under Sections 316(5) and 318(4) of GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.13 11:32:52 +0530 2 BNS, 2023. 2. Case of the prosecution, in brief, is that a complaint was given by one Surendra Sahu before the concerned police station alleging that the co accused namely Amit Kumar Nishad has committed cheating to the tune of Rs.9,01,000 with many persons including the complainant by asking them to deposit certain amount in the form Fixed Deposit, the complainant trusted him and the applicant because they used to run the SBI kiosk Centre at Sambalpur and Sanjari. When the complainant went to other kiosk center enquiring about his account it came to his knowledge that no such account has even been opened by the co accused. It has been further alleged the co accused Amit Nishad used to operate the account of the applicant for transactions. 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 no offence has been committed by the applicant. He further submits that two witnesses, namely Budharu Ram and Devlal Patel, have filed affidavits before the Trial Court stating that they did not pay any money to the applicant, thereby demolishing the prosecution case. It is further argued that no amount has been credited to the applicant's bank account and no transaction, as alleged in the FIR, has taken place from his account. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 16.04.2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case 3 before the competent court and the applicant has no criminal antecedents. 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, submission of learned counsel for the parties, materials available on record, nature of allegation levelled against the applicant, period of detention of the applicant since 16.04.2026, applicant has no criminal antecedents, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Virendra Giri Goswami, involved in Crime No.64/2026 registered at Police Station Doundilohar, District Balod C.G. for the offence punishable under Sections 316(5) and 318(4) of BNS, 2023, 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri