1 CGHC010326582026 2026:CGHC:37849 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7885 of 2026 Jitendra Sinha S/o Ramadhar Sinha Aged About 36 Years R/o Village Bhendari Chowki Karelibadi, P.S. Magarlod, District- Dhamtari (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Gobra Nawapara, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Mayank Chandrakar, Advocate. For Non-applicant/State. : Mr. Sumit Singh, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.08.2026 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 applicant who has been arrested in connection with Crime No. 98/2026 registered at Police Station – Gobra Nawapara, District- Raipur (C.G.), for the offences punishable under Section 318(4) of the BNS 2023. 2. The case of the prosecution in brief, is that the complainant and the applicant are known to each other, they studied together at the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.25 10:43:37 +0530 2 university. The applicant told the complainant that he work as he can manage to get a job at Education Department through a notification was out and took 3,20,000/- Rs from the complainant. The applicant asked the complainant to go to KITE College for an interview and under 2 days the appointment letter will be served through online medium. No such letter came and the applicant switched off his mobile and went out of station with family. Then on the report by complainant an FIR was lodged and registered on crime no. 0098/2026 at P.S. Gobra Nawapara, Raipur. During the investigation present applicant and one other accused was arrested on 04.06.2025. That after arresting the present applicant the concerning police has filled charge-sheet before the Jurisdictional Magistrate. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to past enmity between the applicant and the complainant, who have known each other since their college days. It is further submitted that no concrete or reliable testimony of any witness has been recorded so as to establish the alleged offence against the applicant and no prima facie case is made out against him. The applicant is the sole bread earner of his family and is responsible for the care and maintenance of his family, and his continued detention would amount to pre-trial punishment. The applicant is a permanent resident of Village Bhendari, Chowki Karelibadi, Police Station Magarlod, District Dhamtari, where his movable and immovable properties are situated, and therefore, there is no likelihood of his absconding or evading the process of law. The applicant is ready to furnish adequate surety and abide by all the terms and conditions that may be imposed by this 3 Hon’ble Court. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits 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 applicant has 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 03.04.2026, conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Jitendra Sinha, involved in Crime No. 98/2026 registered at Police Station – Gobra Nawapara, District- Raipur (C.G.), for the offences punishable under Section 318(4) of the BNS 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 4 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. (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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav