1 CGHC010213582026 2026:CGHC:31016 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5535 of 2026 Virendra Dahariya S/o Vijay Dahariya Aged About 36 Years R/o Mandir Hasaud, District Raipur Chhattisgarh At Present R/o Sector 27 Street P 3a, House No. 205, Naya Raipur (Nawagaon), P.S. Rakhi, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Rudri, District Dhamtari Chhattisgarh ... Respondent For Applicant : Mr. Sudhanshu Kumar Singh, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy, A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.07.2026 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.77/2024 registered at Police Station – Rudri, District - Dhamtari (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 the accused persons, namely Kholbahra Nishad, Sarita Kariyam, Chandrahans Kariyam, and their VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.22 11:06:21 +0530 2 associates, in furtherance of a criminal conspiracy, dishonestly induced rural women of Districts Dhamtari and Balod to form self-help groups and avail loans from multiple banks and microfinance institutions on the false promise of earning 10% commission and assured repayment of loan installments. After facilitating loans amounting to over Rs 26,59,000/- in the names of these women, the accused amounts for misappropriated the entire loan amount forpersonal use, investments, and speculative trading. and failed to repay the installments, thereby causing wrongful loss of the victims. Investigation has revealed a well- organized racket involving multiple accused, some of whom are still absconding, and recovery of incriminating materials and partial cash has been effected, establishing prima commission of serious offences of cheating and criminal conspiracy and upon the arrest of the Main Accused Chandrahas Kariyam during investigation when his Memorandum Statement was recorded he took the name of the applicant that some amount has been deposited in the bank account of the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant has no involvement in the alleged offence and has been implicated solely on the basis of the memorandum statement of a co- accused, which is not supported by any independent evidence. No recovery has been made from the possession of the applicant, and it is not the case of the prosecution that the applicant received any part of the alleged loan amount or was in possession of the victims' ATM cards or any documents relating to their bank accounts. It is further submitted that neither the complainant nor any of the other victims has named the 3 applicant either in the FIR, their statements recorded under Section 161 Cr.P.C., or in their depositions before the trial Court. The principal allegations are against the main accused, Kholbahra Ram Nishad. It is also submitted that there are 113 prosecution witnesses, out of whom only 2 witnesses have been examined, and therefore the trial is likely to take considerable time to conclude. Moreover, a co-accused, Sarita Kariyam, has already been granted regular bail by this Hon'ble Court in MCRC No. 4105/2026 vide order dated 04.05.2026, and the applicant claims parity with the said co-accused. The applicant is a permanent resident of the stated address, there is no likelihood of absconding or tampering with the prosecution evidence, and she undertakes to abide by all the terms and conditions that may be imposed by this Hon'ble Court. Therefore, the applicant deserves to be enlarged on regular bail. 4. On the other hand, learned counsel for the State, opposes the bail application of the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that the co-accused, namely Sarita Kariyam, has already been granted regular bail by this Hon'ble Court in MCRC No. 4105/2026 vide order dated 04.05.2026, the filing of the charge-sheet before the competent Court, the applicant's judicial custody since 22.07.2025, and the likelihood that the trial will take considerable time to conclude, this Court is of the view that the applicant has made out a case for grant of regular bail. Accordingly, without expressing any opinion on the merits 4 of the case, the present bail application is allowed. 7. Let applicant, Virendra Dahariya, involved in Crime No.77/2024 registered at Police Station – Rudri, District - Dhamtari (C.G.) for the offences punishable under Sections 318(4),3(5) & 61(2) of the 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 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav