1 CGHC010248132026 2026:CGHC:29454 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.5972 of 2026 1 - Virendra Diwakar S/o Lakeshwar Diwakar Aged About 37 Years R/o Village Ward No.07, Pamgarh, Thana Pamgarh, District- Janjgir- Champa Chhattisgarh Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Pamgarh, District- Janjgir- Champa Chhattisgarh Respondent(s) For Applicant (s) : Mr. Kashish Saluja, Advocate For Respondent(s) : Mr. S. S. Baghel, Dy. GA Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.07.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.217/2026, registered at Police Station Pamgarh, District Janjgir-Champa (C.G.) for the offence punishable under Section 318 (4) of the B.N.S. Act, 2023. Digitally signed by R NIRALA 2 2. The case of the prosecution, is that the complainant Kartikeshar Ratre got acquainted with the applicant, who allured him of investing money in selling and purchasing lands as well as in share market, upon which he gave him Rs.18 Lakhs through various modes, but he did not return his money, thereafter an FIR was lodged by the complainant against the applicant and he was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submitted that the applicant and the complainant were friends previously and out of their friendship money transaction was done between them and no allurement was given by the applicant to the complainant. The dispute is civil in nature but has wrongly been given criminal colour. It is further submitted that the charge-sheet has not yet been filed in the present case and applicant is in jail since 25.05.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicant be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that there are two criminal antecedents against the applicant and the investigation is going on, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature of allegation and for the fact that the applicant is in jail since 25.05.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. 8. Let the Applicant – Virendra Diwakar, involved in Crime No.217/2026, registered at Police Station Pamgarh, District Janjgir-Champa (C.G.) for the offence punishable under Section 318 (4) of the B.N.S. Act, 2023, 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 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 their counsel. In case of their 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 4 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.” 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Nirala