1 2026:CGHC:11031 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1059 of 2026 Ujjawal Vishwas S/o Niranjan Vishwas Aged About 37 Years R/o MIG 1-46, Pandit Ravishankar Shukla Nagar, Ward No. 23, Nagar Nigam Korba, Tahsil And District Korba, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Lines, District Bilaspur, Chhattisgarh. ... Respondent For Applicant : Shri Punit Ruparel, Advocate. For Respondent/State : Shri Nitansh Jaiswal, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/03/2026 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.1467/2025 registered at Police Station Civil Lines, District Bilaspur (C.G.) for the offence punishable under Section 318(4) of BNS, 2023. 2. Case of the prosecution, in brief, is that it is alleged against the applicant that he has given cheques to 16 businessman's while purchasing the articles from them which was subsequently GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.03 16:58:55 +0530 2 dishonoured, the main allegation against in the present case is that he has purchased some article of Rs 89,400/- and given a cheque of HDFC Bank, Niharika Chowk, Korba bearing cheque no. 000161, which was subsequently bounced while complainant demanded the money, he has given excuse, it is alleged that the applicant committed fraud to the 16 businessman for a sum of Rs. 21,31,000/-, whereas in the instant case the dispute with the complainant with regard to Rs. 89,400/-only, the complainant is having shop some article has been purchased by the applicant for a sum of Rs.89,400/- while trying to make payment online same became unsuccessful, hence applicant given cheque of HDFC Bank bearing cheque No. 000101 of Account No. 50100631861638, while mentioning the amount other details same was dishonoured due to insufficient funds, thereafter, the complainant made several calls to the mobile of the applicant no. 8305558308, whereas no response was given by the applicant, hence the aforesaid FIR has been registered against the applicant and he has been arrested on 12.12.2025. Hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He would submit that the dispute arises out of a business transaction of Rs.89,400/- and at best, the matter attracts proceedings under Section 138 of the Negotiable Instruments Act. However, instead of adopting the proper legal remedy, the complainant has given a criminal colour of cheating and forgery by lodging the FIR. He would submit that the cheque in question was issued as security after online payment through UPI failed due to technical issues, upon dishonour of the cheque, the complainant ought to have proceeded under the NI Act. He would 3 submit that the charge sheet has been filed in this case, the applicant is in jail since 12/12/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicant has two criminal antecedents in which he has been acquitted. 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 of allegation levelled against the applicant, period of detention of the applicant since 12/12/2025, charge sheet has been filed, applicant has two criminal antecedents in which he has been acquitted and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Ujjawal Vishwas, involved in Crime No.1467/2025 registered at Police Station Civil Lines, District Bilaspur (C.G.) for the offence punishable under Section 318(4) of BNS, 2023, be released on bail on his furnishing a 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 4 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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri