1 CGHC010244132026 2026:CGHC:32672 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6019 of 2026 1 - Dayanidhi Pati S/o Krishnachandra Pati Aged About 35 Years R/o Near DAV School, Gram- Aath Baliya, Police Station Balasore (Odisha) ... Applicant(s) versus 1 - State of Chhattisgarh Through- Station House Officer (S. H. O.) P.S.- Kotwali, District : Raipur, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Devershi Thakur, Advocate For Respondent(s)/State : Mr. S.S. Baghel, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.07.2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the applicant, who is in judicial custody in connection with Crime No.196/2022 registered at Police Station Kotwali, District- Raipur (Chhattisgarh) for the offence punishable under Section 420 of IPC. RUCHI YADAV Digitally signed by RUCHI YADAV 2 2. Earlier, the first bail application of the applicant was rejected by this Court vide order dated 01.05.2023 passed in MCRC No. 649 of 2023 with liberty to revive the same after the complainant is examined before the trial Court. 3. As per the prosecution story, the complainant, a retired Government employee, alleged that he came into contact with the applicant through Mamta Bhamkar, with whom the applicant was residing. The applicant allegedly induced the complainant to invest money by promising high returns through stock market trading. Believing his representations, the complainant transferred substantial amounts through RTGS and cash to the applicant. It is further alleged that when the complainant demanded the return of his money, the applicant issued several signed cheques, which were dishonoured, and thereafter misled the complainant by sending fabricated bank records, fake income tax returns, emails and trading-related documents through WhatsApp. Subsequently, the applicant absconded from Raipur and switched off his mobile phone. On the basis of the aforesaid allegations, the present crime was registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has been in judicial custody since 25.07.2022, the investigation has been completed and the charge- sheet has already been filed. Learned counsel further submits that out of 18 prosecution witnesses, only 7 have been examined till date and, therefore, the trial is likely to take considerable time to conclude. On these grounds, prayer has been made to enlarge the applicant on bail. 3 5. Per contra, learned State counsel opposes the bail application and submits that the allegations against the applicant are serious in nature. It is submitted that the investigation has been completed and the charge-sheet has already been filed. It is further submitted that the applicant has one criminal antecedent. Therefore, considering the nature and gravity of the offence as well as the criminal antecedent of the applicant, it is prayed that the present bail application be rejected. 6. I have heard learned counsel appearing for the parties and perused the material available on record. 7. Taking into consideration the nature and gravity of the allegations, the fact that the investigation has been completed and the charge-sheet has already been filed, the period of custody of the applicant since 25.07.2022, the fact that 7 out of 18 prosecution witnesses have been examined and the likelihood of the trial taking considerable time to conclude, this Court is of the opinion that further custodial detention of the applicant is not warranted at this stage. Though the applicant is stated to have one criminal antecedent, considering the overall facts and circumstances of the case and without expressing any opinion on the merits of the matter, this Court is inclined to allow the present bail application. 8. Accordingly, the bail application is allowed. Let the Applicant – Dayanidhi Pati involved in Crime No.- 196/2022 registered at Police Station Kotwali, District- Raipur (Chhattisgarh) for the offence punishable under Section 420 of IPC, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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 5 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. 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. 10. 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