1 2026:CGHC:11040 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2119 of 2026 Prakhar Singh Chauhan S/o Surendra Singh Chauhan Aged About 22 Years R/o Village-Churiyadongari, Tehsil-Churiya, District-Rajnandgaon, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House O+cer, Police Station- Kotwali, Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Ankit Singh, Advocate. For Non-Applicant/State : Mr. Vaishali Mahilong, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.03.2026 1. This is the Second bail application 5led 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. 119/2025 registered at Police Station – Kotwali, District – Rajnandgaon (C.G.), for the o=ence punishable under Sections 318(4), 317(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 66(C) of the Information Technology Act. 2. The earlier bail application of the applicant being MCRC No. 5647 of 2025 was rejected on the ground that the applicant has criminal antecedent of the similar nature by this Court vide order dated ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.03.03 18:18:06 +0530 2 18.07.2025. 3. The case of the prosecution, in short, is that information was received from the Cyber Crime reporting unit that Tikam Gift Mobile, located in Tikam Complex, Rajnandgaon, District Rajnandgaon, was involved in selling fake SIM cards. Thereafter, the co-accused persons were arrested. In the memorandum statement of co-accused Komal Nishad, it came on record that, on the instructions of the present applicant, she had obtained the details of villagers, activated the SIM cards, and sold them to other persons. 4. Learned counsel for the applicant submits that this is the second bail application 5led on behalf of the applicant, as the 5rst bail application was rejected by this Court vide order dated 18.07.2025 on the ground of the applicant’s criminal antecedents. He further submits that, out of 24 prosecution witnesses, only 04 have been examined till date. He also submits that the applicant has been in jail since 25.03.2025 and that the conclusion of the trial may take some time. Therefore, he prays for the grant of regular bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application 5led on behalf of the applicant and submits that the charge-sheet has already been 5led before the competent Court in the present case. 6. I have heard learned counsel for the parties. 7. Taking into consideration the facts and circumstances of the case, particularly that only 4 out of 24 cited witnesses have been examined so far, and further considering that the applicant has been in custody since 25.03.2025 and the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail. 3 8. The Second Bail Application of the Applicant – Prakhar Singh Chauhan, involved in Crime No. 119/2025 registered at Police Station – Kotwali, District – Rajnandgaon (C.G.), for the o=ence punishable under Sections 318(4), 317(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 66(C) of the Information Technology Act, be released on bail on his 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 5le an undertaking to the e=ect that he shall not seek any adjournment on the dates 5xed 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 5xed, either personally or through his counsel. In case of his absence, without su+cient 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 5xed in such proclamation, then, the trial court shall initiate proceedings against his, 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 5xed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement 4 under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without su+cient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against his in accordance with law. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certi5ed copy of this order in accordance with law, if there is no legal impediment. 10.O+ce is directed to send a certi5ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek