1 CGHC010286932026 2026:CGHC:32646 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6859 of 2026 Khagendra Nath Sahu S/o Dileram Sahu Aged About 43 Years (Thakur Is Wrongly Mentioned In A-1 Page No. 10) R/o Gidhouri, P.S. Gidhouri, District Balodabazar-Bhatapara Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Gidhouri Tundra District Balodabazar-Bhatapara Chhattisgarh. ... Non-Applicant For Applicant : Mr. Om Prakash Sahu, Advocate For Non-Applicant/State : Mr. Sangharsh Pandey, Panel Lawyer Hon'ble Shri 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 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 94/2026 registered at Police Station- Gidhouri, Tundra, District- Balodabazar-Bhatapara, (C.G.) for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged a written complaint with the concerned police station alleging that RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 the applicant had obtained an amount of ₹2,00,000/- from him on the pretext of providing a Honda Bike Cell Promotion offer. It is alleged that despite receiving the said amount, the applicant neither provided the promised benefit under the scheme nor refunded the amount to the complainant. On the basis of the said written complaint, the police registered an offence against the applicant under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that he has not committed any offence as alleged by the prosecution. He further submits that the alleged incident is stated to have taken place on 23.03.2026, whereas the FIR was lodged on 01.05.2026, indicating an unexplained and considerable delay in registration of the case, which casts doubt on the prosecution story. It is further submitted that the applicant is a labourer by occupation and is neither running any business nor any institute, and therefore the allegation that he induced the complainant on the pretext of any Honda Bike Cell Promotion offer is wholly false and baseless. It is argued that the applicant has neither received the alleged amount of Rs.2,00,000/- nor committed any act constituting the alleged offence. No amount, document, or incriminating material has been seized from his possession during the investigation, and his implication is based merely on memorandum statements without any independent corroborative evidence. He submits that the applicant has neither cheated nor defrauded the complainant and 3 has been falsely implicated due to previous enmity. It is further contended that the allegations made in the complaint are false, fabricated, and unsupported by any reliable evidence, there being no eyewitness to the alleged transaction or occurrence. The applicant has no involvement whatsoever in the alleged offence and has been arrested solely on the basis of false and baseless allegations made by the complainant. He further submits that the present applicant has no previous criminal antecedent, the charge- sheet has been filed before the competent Court, he is in jail since 20.05.2026 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been submitted before the competent Court. He further submits that the applicant, by inducing the complainant on the false pretext of providing a Honda Bike Cell Promotion offer, dishonestly obtained an amount of Rs.2,00,000/- from him and thereafter neither provided the promised benefit nor refunded the said amount. He further submits that the investigation has revealed sufficient material connecting the applicant with the commission of the alleged offence and that the allegations are supported by the statements of witnesses as well as the material collected during the course of investigation. He further submits that the applicant has one previous criminal antecedent under the IPC of the year 2020. Therefore, it is prayed that the bail application be rejected. 4 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that though the allegation against the applicant is that he allegedly obtained Rs.2,00,000/- from the complainant on the false pretext of a Honda Bike Cell Promotion offer and neither provided the promised benefit nor refunded the amount, but also considering the fact that the applicant is languishing in jail since 20.05.2026, he has only one previous criminal antecedent of the year 2020 which is old and stale, and the charge-sheet has been filed before the competent Court and the conclusion of the trial may take some more time, therefore, without expressing any opinion on the merits of the case, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the applicant - Khagendra Nath Sahu, involved in Crime No. 94/2026 registered at Police Station- Gidhouri, Tundra, District- Balodabazar-Bhatapara, (C.G.) for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 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 5 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 Rahul Dewangan