1 CGHC010211322026 2026:CGHC:28683 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5070 of 2026 1 - Sudarshan Sahu S/o Khirod Sahu, Aged About 40 Years R/o Village Pirda, P.S. Basna, Dist. -Mahasamund, (Chhattisgarh) ... Applicant(s) versus 1 - State of Chhattisgarh Through P.S. Basna, District Mahasamund (Chhattisgarh) ... Respondent(s) For Applicant(s) : Ms. Unnati Sinha, Advocate For Respondent(s)/State : Mr. S.S. Baghel, G.A. Hon'ble Mr. 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. 137/2025 registered at Police Station- P.S. Basna, District- Mahasamund (C.G.) for the offence punishable under Sections RUCHI YADAV Digitally signed by RUCHI YADAV 2 318 (4), 238 and 61 (2) of BNS. 2. As per the prosecution case, in brief, the complainant lodged a First Information Report on 01.04.2025 alleging that during the period from 15.04.2024 to 25.10.2024, the applicant, on the false pretext of distributing benefits under the Mahtari Vandan Yojana and other Government schemes, obtained her thumb impressions several times through a biometric device. It is alleged that the applicant thereafter misused the biometric data to fraudulently procure two loans in the name of the complainant from IndusInd Bank without her knowledge or consent, thereby causing wrongful loss to her. On the basis of the said allegations, the present crime was registered against the applicant for the alleged commission of the offence. 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 allegations made in the FIR are vague and omnibus in nature and no specific material has been collected during the investigation to establish that the applicant dishonestly obtained or utilized the alleged loan amount. Learned counsel further submits that applicant has no criminal antecedent, the applicant has been in judicial custody since 06.05.2026 and the investigation is still in progress and the charge-sheet has not yet been filed. The conclusion of the trial is likely to take considerable time. Accordingly, it is prayed that the applicant be enlarged on bail. 3 4. Per contra, learned State counsel opposes the prayer for bail and submits that the investigation is still in progress, the charge-sheet has not yet been filed and sufficient material has been collected indicating the involvement of the applicant in the alleged offence. It is, therefore, prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having heard learned counsel for the parties and upon considering the rival submissions, the nature of the allegations, the fact that the applicant has no criminal antecedents, has been in judicial custody since 06.05.2026, and without expressing any opinion on the merits of the case, this Court is of the view that further custodial detention of the applicant is not warranted. Accordingly, this Court is inclined to enlarge the applicant on bail. Consequently, the bail application is allowed. 7. Let the Applicant – Sudarshan Sahu involved in Crime No.- 137/2025 registered at Police Station- P.S. Basna, District- Mahasamund (C.G.) for the offence punishable under Sections 318 (4), 238 and 61 (2) of BNS, be released on bail on furnishing 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 4 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 his 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 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. 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 Ruchi