1 CGHC010244222026 2026:CGHC:32671 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5790 of 2026 1 - Dayanidhi Pati S/o Krishnachandra Pati Aged About 42 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.) Police Station- Purani Basti, 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 first 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. 329/2022 registered at Police Station RUCHI YADAV Digitally signed by RUCHI YADAV 2 Purani Basti, District- Raipur (Chhattisgarh) for the offence punishable under Section 420 of IPC. 2. As per the prosecution story, the complainant, Mamta Bhamkar, an Assistant Professor at CIT College, Abhanpur, alleged that in May 2020, through her elder sister, she came into contact with the applicant, who induced her to invest in a purported "International Trading" scheme by promising lucrative returns. To gain her confidence, the applicant initially returned a profit on her investment and thereafter persuaded her to invest further in another trading scheme. It is alleged that the applicant also took a room on rent in the complainant's house and, by gaining her trust, dishonestly obtained approximately ₹2.53 crore from the complainant as well as money from her relatives and acquaintances, before absconding. On the basis of the aforesaid allegations, Crime No. 329/2022 was registered at Police Station Purani Basti for the offence punishable under Section 420 of the Indian Penal Code, and after completion of investigation, the charge-sheet was filed on 27.04.2023. 3. 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 27.02.2023, the investigation has been completed and the charge-sheet has already been filed. Learned counsel further submits that out of 10 prosecution witnesses, only 4 have been examined till date and, therefore, the trial is likely to take 3 considerable time to conclude. On these grounds, prayer has been made to enlarge the applicant on bail. 4. 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. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. 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 27.02.2023, the fact that only 4 out of 10 prosecution witnesses have been examined till date 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. 4 7. Accordingly, the bail application is allowed. Let the Applicant – Dayanidhi Pati involved in Crime No.- 329/2022 registered at Police Station Purani Basti, 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:- (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 5 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. 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