1 CGHC010244192026 2026:CGHC:32717 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5997 of 2026 1 - Chandrahas Kariyam S/o Sekhuram Kariyam Aged About 45 Years R/o Naragaon, P.S. And Tehsil Gurur, District- Balod (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Dondi, District- Balod (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sudhanshu Kumar Singh, Advocate For Respondent(s)/State : Mr. Sumit Singh, Dy. A.G. 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 RUCHI YADAV Digitally signed by RUCHI YADAV 2 connection with Crime No. 117/2024 registered at Police Station Dondi, District Balod (Chhattisgarh), for the offences punishable under Sections 420, 120-B and 34 of the Indian Penal Code, 1860. 2. As per the prosecution story, the main accused, Kholbahara Ram Nishad, in conspiracy with the present applicant and the applicant's wife, Sarita Kariyam, allegedly induced several women to obtain agricultural loans from different banks on the false assurance that the loan amounts would be invested in a business yielding double returns and that the loan installments would be repaid by the main accused. It is alleged that, after the loans were sanctioned, the applicant and his wife collected the loan amounts from the beneficiaries and handed them over to the main accused. Subsequently, when the loan installments were not paid and the banks demanded repayment, the victims realized that they had been cheated. It is alleged that, by adopting the aforesaid modus operandi, the accused persons dishonestly cheated various women of approximately ₹16,17,000/-. On the basis of these allegations, the present crime was registered against 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 contended that no money has been recovered from the possession of the applicant and there is no material to show that he received any part of the alleged cheated amount. Learned 3 counsel further submits that the investigation has been completed and the charge-sheet has already been filed. It is also submitted that the applicant has been in judicial custody since 03.01.2025, the main accused is Kholbahara Ram Nishad, several co- accused, including the applicant's wife, have already been enlarged on bail, only one out of 187 prosecution witnesses has been examined and the trial is likely to take 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 two criminal antecedents. Therefore, considering the nature and gravity of the offence as well as the criminal antecedents 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 case diary. 6. In compliance with the order of this Court dated 07.07.2026, the concerned Investigating Officer has filed an affidavit showing the incriminating material collected against the applicant during the course of investigation, which is reproduced below:- “8. That, in due course of further investigation bank details 4 of villagers has been obtained from the Axis Bank Dalli Rajhara as well as Axis Bank Jhalmala wherein it was revealed that the complainant alongwith other women were taken the loan from the said banks and were handed over to the present applicant and other accused by way of cash. Copy of Bank statement of Axis Bank Dalli Rajhara as well as Axis Jhalmala are being annexed collectively herewith & marked as ANNEXURE R/3 for kind perusal of this Hon'ble Court. 10. It is relevant to mention here that according to the report submitted by the In-charge Police Station - Doundi, District Balod (CG), previous criminal record/antecedents has been found against the present applicant and other accused Kholbahra Ram Nishad & Sarita Kariyam. Copy of the same is being annexed herewith & marked as ANNEXURE R/4 for kind perusal of this Hon'ble Court.” 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 03.01.2025, the fact that several co-accused, including the applicant's wife, have already been enlarged on bail, that only one out of 187 prosecution witnesses has been examined and the trial is likely to take considerable time to conclude, this Court is of the opinion that further custodial 5 detention of the applicant is not warranted at this stage. Though the Investigating Officer, in compliance with the order of this Court dated 07.07.2026, has filed an affidavit disclosing the incriminating material collected during the course of investigation and the applicant is stated to have two criminal antecedents, the evidentiary value of such material is a matter to be considered during trial. Therefore, without expressing any opinion on the merits of the case, this Court is inclined to allow the present bail application. 8. Accordingly, the bail application is allowed. Let the Applicant – Chandrahas Kariyam involved in Crime No.- 117/2024 registered at Police Station Dondi, District Balod (Chhattisgarh), for the offences punishable under Sections 420, 120-B and 34 of the Indian Penal Code, 1860, 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 6 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. 9. However, this Court hopes and trusts that the trial Court shall 7 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