1 CGHC010312872026 2026:CGHC:35963 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7438 of 2026 Chandrahas Kariyam S/o Sekhuram Kariyam Aged About 45 Years R/o Naragaon, P.S. And Tehsil Gurur, District Balod Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Gurur, District Balod Chhattisgarh ... Non-applicant For Applicant : Mr. Sudhanshu Kumar Singh, Advocate. For Non-Applicant/State : Mr. Sumit Singh, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.08.2026 1. This is the First bail application 5led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 224/2024 registered at Police Station – Gurur, District – Balod (C.G.), for the o:ence punishable under Section 420, 409, 34 and 120B of the Indian Penal Code. 2. As per the prosecution story, it is alleged against the accused Sarita, Chandrahas, and Kholbhara Nishad that, in furtherance of their common intention, they formed a women’s group in Guru Village and obtained loans from various banks/micro5nance institutions by promising a 10% commission and falsely assuring the borrowers that the accused would ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.14 16:52:20 +0530 2 repay the loan instalments on their behalf. After receiving the commission and disbursement of the loan amounts, the accused allegedly failed to repay the instalments, thereby dishonestly cheating the borrowers, causing wrongful loss to them and obtaining wrongful gain for themselves. It is further alleged that approximately 285 rural women from several villages in the districts of Balod and Dhamtari were similarly deceived, resulting in a fraud involving several crores of rupees. During the course of investigation, the material collected by the prosecution prima facie disclosed the involvement of the accused in the alleged o:ence. Hence, it is alleged that the aforesaid o:ence was committed by the accused. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. He also submits that the applicant is nowhere involved in the commission of the alleged crime and has been implicated solely on account of previous enmity. He further submits that nothing has been seized from the possession of the applicant, nor has the applicant received any money from the victims/women. The victims received the entire loan amount directly in their respective bank accounts. The applicant was neither in possession of their ATM cards nor of any documents relating to their bank accounts. The present applicant was merely an employee working under co-accused Kholbahra Ram Nishad on a monthly salary of Rs. 10,000/-. He submits that the applicant has been in judicial custody since 13/12/2024 and has remained incarcerated for a considerable period. The conclusion of the trial is likely to take considerable time, particularly as, out of a total of 149 witnesses, only 10 witnesses have been examined before the learned trial Court. He submits that the other two co-accused, namely, Varendra Kumar Nishad and Sarita Kariyam, 3 have already been enlarged on bail by this Court in MCRC No. 2621 of 2025 and MCRC No. 3053 of 2026 vide order dated 03.04.2025 and 09.05.2025, therefore, on these grounds, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been 5led 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, the nature of the allegations, and the material available on record, and further considering that the applicant has been in judicial custody since 13.12.2024, only 10 out of 149 prosecution witnesses have been examined so far, and the conclusion of the trial is likely to take considerable time, coupled with the fact that co-accused Varendra Kumar Nishad and Sarita Kariyam have already been granted bail by this Court, this Court is of the considered view that the applicant is entitled to be enlarged on regular bail. 7. 7. Let the Bail of the Applicant – Chandrahas Kariyam, involved in Crime No. 224/2024 registered at Police Station – Gurur, District – Balod (C.G.), for the o:ence punishable under Section 420, 409, 34 and 120B of the Indian Penal Code, 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 5le an undertaking to the e:ect that he shall not seek any adjournment on the dates 5xed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial 4 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 5xed, either personally or through his counsel. In case of his absence, without suDcient 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 5xed 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 5xed 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 suDcient 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. ODce is directed to send a certi5ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek