1 2026:CGHC:16404 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3230 of 2026 Prashant Sharma S/o. Yogendra Sharma Aged About 36 Years R/o.- A- 226/07, Ramshyam Enclave Chipyana Bujurg Thana Bisrak District- Gaziabad (U.P) ... Applicant versus State Of Chhattisgarh Through- Police Station - Civil Line, Raipur, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.04.2026 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. 29/2026, registered at Police Station Civil Line, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 318(4) of the BNS 2023. 2. The case of the prosecution, in brief, is that on 15/01/2026 the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.10 11:12:28 +0530 2 complainant namely Rajendra Banthiya has lodged written report regarding the fraud committed by the applicant who is Director of Windtech Company, by taking Rs. 5,00,000/- from complainant regarding making of operation theatre on 17/03/2025 to 05/04/2025 but after receiving the amount the applicant has not done any work. Thereafter the complainant has lodged FIR against the present applicant vide Crime No.29/2026 P.S. Civil Line Raipur District Raipur for offence U/s 318(4) of B.N.S. 3. Learned counsel for the applicant respectfully submits that the applicant is innocent and has been falsely implicated in the present case. t is further submitted that the applicant is in judicial custody since 22.03.2026. According to the applicant, the FIR has been lodged after a delay of about ten months from the date of the alleged incident and, in the meantime, the applicant and his family members have already returned the entire amount to the complainant. It is also submitted that the complainant has appeared before the learned Trial Court and filed an affidavit expressing no objection to the grant of bail to the applicant. The applicant further contends that the dispute is purely civil in nature, but it has been given a criminal colour by lodging the report. It is also submitted that the matter is triable by the Judicial Magistrate First Class. The applicant further reserves his right to raise additional grounds at the time of hearing and undertakes to abide by all such terms and conditions as may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has not yet been filed in the case. 3 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the present applicant, the fact that the charge-sheet has not yet been filed, that the applicant has no criminal antecedents, and that the applicant has been in judicial custody since 22.03.2026, and further considering that the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Prashant Sharma, involved in Crime No. 29/2026, registered at Police Station Civil Line, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 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 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav