1 2026:CGHC:1088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 75 of 2026 1 - Sahil Kashyap S/o Shri Raghuveer Kashyap Aged About 25 Years R/o Selar, Thana- Seepat, District : Bilaspur, Chhattisgarh 2 - Satyam Patel S/o Shri Rajkumar Patel Aged About 23 Years R/o Silodhi, Thana- Silora, District : Jabalpur, Madhya Pradesh ... Applicants versus 1 - State Of Chhattisgarh Through Police Station - Padmnabhpur, District : Durg, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Krishna Kumar Khatri, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.01.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 344/2025 registered at Police Station Padmanabhpur, District - Durg (C.G.), for the offences punishable under Section 317(5), 318(4), 3(5) of the Bhartiya Nyay Sanhita (BNS). 2. As per the case of the prosecution, the complaint has been lodged against the applicants alleging that they had cheated the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.08 14:21:41 +0530 2 complainant. On the basis of the aforesaid allegations, the complainant and other persons were cheated. Accordingly, an offence under Sections 317(5), 318(4), and 3(5) of the BNS has been registered by Police Station Padmanabhpur, District Durg (C.G.), in Crime No. 344/2025. 3. Learned counsel for the applicant submits that the present applicants are innocent person and have been falsely been implicated in the aforesaid case. He submits that the learned Trial Court failed to appreciate that the complainant himself worked in the same company for six months, and when a dispute arose regarding his salary with the owner of the company, and the present applicant did not support the complainant, the complainant lodged a false FIR against the present applicants and the other accused. He submits that the present applicants have no criminal antecedents and they are in jail since 04.10.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submit that the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that the present applicants have no criminal antecedents, furthermore, the charge-sheet has already been submitted before the competent Court in the present case and the applicant has been languishing in jail since 04.10.2025, conclusion of the trial may take some more time, therefore, this Court is of the 3 view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Sahil Kashyap and Satyam Patel, involved in Crime No. 344/2025 registered at Police Station Padmanabhpur, District - Durg (C.G.), for the offences punishable under Section 317(5), 318(4), 3(5) of the Bhartiya Nyay Sanhita (BNS), 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 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 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. 4 (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, it will be open for the prosecuting agency to initiate prosecution against the complainant of the present case also who claims to have been cheated by the applicant herein as the conduct of the complainant amounts to giving bribe for obtaining employment through illegal mode. 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 vaishali