1 CGHC010240352026 2026:CGHC:35685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5673 of 2026 1 - Anurag Pandey S/o Shri Shiv Shankar Pandey Aged About 29 Years R/o Wing -107 Raj Apartment Tuling Road Divine High School Ke Pass Abawadi Nala Sopara Mumbai ( M. H.) Currently R/o Sale Tax Colony Khamhardih Road Mahadev Mandir Ke Pass Shankar Nagar Raipur District- Raipur (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through - Police Station - Telibandha District - Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate For Respondent(s)/State : Mr. Saumya Rai, Deputy Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.08.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking RUCHI YADAV Digitally signed by RUCHI YADAV 2 grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 190/2026 registered at Police Station Telibandha, District Raipur (Chhattisgarh), for the offences punishable under Sections 318(4), 335, 336(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant, Sher Singh Rajput, lodged a report alleging that he was cheated of Rs.70,000/- by Clubriont Tours and Travels Company on the pretext of providing a holiday package. On the basis of the complaint, an offence was registered against the Director of the Company, namely Nagesh, and other persons. It is alleged that the accused/applicant by representing himself as associated with the said company, gained the complainant's confidence and induced him to part with money. During investigation, the present applicant was found to be allegedly involved in the commission of the offence. The case diary further reflects that notice under Section 35(3) of the BNSS was served upon the applicant, informing him of the grounds and reasons for his arrest. Investigation is in progress. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant’s name does not find mention in the FIR and he has been implicated solely on the basis of the memorandum of a co-accused. It is further submitted that the applicant has not received any amount from the complainant and that the alleged amount was directly transferred by the complainant into the account of co-accused Nagesh, who is the Director of the said company. The applicant is 3 neither the owner nor Director of the company and had no connection with the alleged holiday package or with the complainant. It is also submitted that the offence is triable by the Judicial Magistrate First Class, the applicant has no criminal antecedents, has been in judicial custody since 30.05.2026, and the conclusion of the trial will take considerable time. Accordingly, it is prayed that the applicant be enlarged on regular bail. 4. Learned State counsel opposes the bail application and submits that, considering the allegations against the applicant and the material collected during investigation, his involvement in the alleged offence cannot be ruled out at this stage. Accordingly, it is prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Considering the entire facts and circumstances of the case, the submissions made by learned counsel for the parties, the fact that the applicant’s name does not find mention in the FIR, he has been implicated on the basis of the memorandum of a co-accused, he has no criminal antecedents, has been in judicial custody since 30.05.2026, and the offence is triable by the Judicial Magistrate First Class, this Court is of the considered view that the applicant deserves to be enlarged on regular bail. 7. Accordingly, the bail application is allowed. Let the Applicant –Anurag Pandey involved in Crime No. 190/2026 registered at Police Station Telibandha, District Raipur (Chhattisgarh), for the offences punishable under Sections 318(4), 335, 336(3) and 3(5) of the Bharatiya Nyaya 4 Sanhita, 2023, 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 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) 5 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