1 CGHC010372152026 2026:CGHC:42595 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8939 of 2026 Shiva Sahu S/o Tikaram Sahu Aged About 23 Years R/o Raikona Police Station Sarsiwan District- Sarangarh-Bilaigarh (C.G.) ... Applicant Versus State Of Chhattisgarh Through - Police Station - Sarsiwan District- Sarangarh- Bilaigarh (C.G.) ... Non-Applicant For Applicant : Mr. Amit Kumar, Advocate For Non-Applicant : Mr. Anant Bajpai, Panel Lawyer. SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 30/09/2026 1. This is the third 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. 208/2024 registered at Police Station Sarsiwan, District Sarangarh- Bilaigarh (C.G.), for the offences punishable under Sections 420, 409 read with Section 149, 406, 120-B and 34 of the Indian Penal Code, Section 10 of the Chhattisgarh Protection of Interest of Depositors Act, 2005, Section 3 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, in violation of Section 4 of the said Act, and Sections 3 and 21 of the Banning of Unregulated Deposit Schemes Act, 2019. 2 2. Earlier, the first bail application of the applicant was allowed on merits by the Coordinate Bench of this Court vide order dated 06.12.2024 in MCRC No. 8557 of 2024. However, as the applicant could not appear before the trial Court, the trial Court issued an arrest warrant against him. Thereafter, the applicant was arrested and filed a second bail application, which was dismissed as withdrawn vide order dated 09.09.2026 passed in MCRC No. 8367 of 2026. 3. The case of the prosecution, in brief, is the case against the applicant was registered vide Crime No. 208/2024 at Police Station Sarsiwan, District Sarangarh-Bilaigarh, for offences punishable under Sections 420, 406, 409/149, 120-B and 34 of the Indian Penal Code, Section 10 of the Chhattisgarh Protection of Interest of Depositors Act, 2005, Section 3 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, and Sections 3 and 21 of the Banning of Unregulated Deposit Schemes Act, 2019, which is pending before the trial Court and registered as Depositor Interest Act/2/2024. Earlier, the applicant was released on bail pursuant to the order dated 06.12.2024 passed by this Court in MCRC No. 8557 of 2024, however, on 09.02.2026, the applicant could not appear before the trial Court on the date fixed for hearing, whereafter the trial Court issued an arrest warrant against him. Pursuant to the said warrant, the applicant was arrested, produced before the trial Court, and remanded to judicial custody. 4. Learned counsel for applicant submits that in December, 2025, FIRs were registered against the applicant and other co-accused persons in Crime Nos. 389/2025 and 390/2025 at Police Station Sarsiwan, District Sarangarh-Bilaigarh (C.G.). Due to the registration of the aforesaid FIRs, the applicant could not appear before the learned trial Court on the date fixed for hearing, apprehending his arrest. The applicant had already been granted bail by this Hon'ble Court in Crime No. 208/2024 3 vide order dated 06.12.2024 passed in MCRC No. 8557 of 2024. The applicant was arrested in Crime Nos. 389/2025 and 390/2025 and has been in custody since 03.04.2026. He has already been granted bail in both the aforesaid cases, however, he continues to remain in custody pursuant to the arrest warrant issued in the present case. In a similar matter arising out of Crime No.131/2024, an arrest warrant was issued and the applicant therein was granted bail by this Court vide order dated 10.09.2026 in MCRC No. 8322 of 2026, therefore he prays for grant of bail to the applicant. 5. 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 alleged crime. However, he do not dispute the submission of the counsel for the applicant that the applicant has been granted bail in MCRC No. 8557/2024 vide order dated 06.12.2024 in connection with Crime No. 208/2024 and in MCRC No. 8322 of 2026 vide order dated10.09.2026. Upon asking, he do not dispute the submission of the counsel for the applicant that the applicant could not appear before the learned Trial Court on the date fixed for hearing due to apprehending his arrest in connection with Crime No. 389/2025 and 390/2025. 6. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 7. Considering the facts and circumstances of the case, submission of counsel for the parties, and further considering that the applicant was earlier granted bail on merits by this Court vide order dated 06.12.2024 passed in MCRC No. 8557 of 2024, but subsequently could not appear before the trial Court on the date fixed for hearing, resulting in issuance of an arrest warrant against him, and that he has now been arrested 4 pursuant to the said warrant, without commenting anything on the merits of the case, I am inclined to allow this bail application. 8. 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 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. 9. 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/- (Parth Prateem Sahu) Judge vaibhav SHUBHAM DEY Digitally signed by SHUBHAM DEY