1 CGHC010341242026 2026:CGHC:39530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8353 of 2026 Vinay Kumar Prasad S/o Shri Satendra Prasad Aged About 30 Years R/o Chand Parsa Tehsil And Police Station Sahnpara District Siwan (Bihar) Presently Residing At 145 M G S. Bose Road Kolkata (West Bangal) ... Applicant Versus State Of Chhattisgarh Through- Police Station Frejarpur Parpa District Bastar C. G. ... Non-Applicant For Applicant : Mr. Manish Nigam, Advocate For Non-Applicant : Ms. Shailja Shukla, Govt. Advocate. SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 09/09/2026 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 259/2025 registered at Police Station – Frejarpur Parpa District Bastar Chhattisgarh for the offences punishable under Sections 318(4), 319(2), 338, 336(3), 340(2) & 61(2) of the Bharatiya Nyaya Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.09.15 15:24:08 +0530 2 2. The prosecution case, in brief, is that the accused persons, including the applicant Vinay Kumar Prasad and co-accused Kundan Sharma, allegedly entered into a criminal conspiracy to cheat the victims by making false representations and dishonestly inducing them to deliver money. It is further alleged that fabricated records were used/created in furtherance of the said conspiracy. The total disputed financial transaction involved in the matter is alleged to be Rs. 1,99,700/-. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that a full and amicable settlement has been arrived at between the accused persons and the primary complainants/victims, namely PW-1 Shri Saroj Ghosh and PW-2 Smt. Sonali Ghosh, pursuant to which the entire disputed amount of Rs.1,99,700/- has been refunded to the complainants through their bank accounts. Learned counsel further submits that co- accused Kundan Sharma, who was facing identical allegations and charges, has already been granted regular bail by this Court in MCRC No.5486 of 2026 vide order dated 10.07.2026, and the applicant stands on an identical footing. He further submits that the applicant is in jail since 30.03.2026 and that the trial is likely to take considerable time. Therefore, it is prayed that the applicant may kindly be enlarged on regular bail. 4. Learned State counsel opposes the prayer for grant of bail and submits that, from the material available in the charge-sheet, there is direct involvement of the applicant in the commission of the 3 alleged crime. He further submits that the charge-sheet has already been filed and applicant has two criminal antecedents. 5. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 6. Considering the facts and circumstances of the case, submission of counsel for the respective parties, as the applicant has remained in jail since 30.03.2026, charge-sheet is filed, trial is likely to take sometime, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. (b) 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. (c) In case, the applicant misuses the liberty of bail during trial andin order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date 4 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. (d) 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. Certified copy as per rules. Sd/- Sd/-/- (Parth Prateem Sahu) Judge vaibhav