1 2026:CGHC:16437 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1263 of 2026 Wasim Akram S/o Mushtaq Siddiqui Aged About 39 Years R/o Village Phuljhar, Police Station Champa, District Jashpur, C.G., Presently R/o Rasulpur, Mominpura, Police Station- Ambikapur, District : Surguja (Ambikapur), Chhattisgarh --- Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Rajpur, District – Balrampur-Ramanujganj, Chhattisgarh. --- Non-applicant Along with MCRC No. 1958 of 2026 Shahrukh Khan S/o Mohammad Shabbir Aged About 27 Years Occupation Private Job, R/o Village Khorma, Post Office Pratappur, P.S. And Tehsil Pratappur, Distt. Surajpur, Chhattisgarh. ---Applicant Versus State Of Chhattisgarh Through The Station House Officer, Police Station Rajpur, District – Balrampur-Ramanujganj, Chhattisgarh. ---- Non-applicant For Applicant : Ms. Hamida Siddiqui, along with Mr. Aakash Singh, Advocates. For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.04.2026 1. The applicants have preferred these Second Bail Applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 74/2024, registered at Police Station – Rajpur, District – RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 420, 467, 468, 471 and 34 of the IPC. 2. Earlier the first bail applications of the applicants were rejected by this Court vide order dated 26.06.2025 passed in MCRC Nos. 3640/2025 and 4708/2025, respectively on merits. 3. The case of the prosecution, is that complainant Kutubuddin lodged FIR on 19.02.2024 stated that on 04.12.2023 his SBI account debited of Rs. 5,667/- for TVS Credit Service Ltd. and on 06.01.2024 debited Rs. 295/- and when he came to bank at that time he know that in his name two bike has been financed of the Rs. 1,53,717/- and Rs. 2,25,500/- but he has not been taken any bike. During the course of investigation the fact disclosed that the applicant Wasim obtained the document of the complainant for making of passport and the said document was used without his consent for finance of the bike. During the investigation applicant Shahrukh Khan has been arrested. Hence, this application. 4. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there are two criminal antecedents of the applicants which are pending. It is further submitted that so far as the status of the trial is concerned, the charges have been framed against the applicants on 16th of March, 2026 and there are 22 prosecution witnesses and their evidence is yet to be recorded. The applicants are in jail since 12.12.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 3 5. On the other hand, the learned State counsel opposes the bail applications and submits that the charges have been framed against the applicant and the evidence of the prosecution witnesses are yet to be recorded, and it is alleged that the relevant photocopy of the complainant’s documents got stolen from the dickey and misused by the applicants and other co-accused persons for finance of the aforesaid vehicle, thus, the cheating is said to have been committed by the applicants, hence, they are not entitled for bail. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that so far as the status of the trial is concerned, the charges have been framed against the applicants on 16th of March, 2026 and there are 22 prosecution witnesses and their evidence is yet to be recorded, the applicants are in jail since 12.12.2024 and conclusion of the trial is likely to take some time, this Court is of the opinion that the applicants are liable to be granted bail in this case. 8. 8. Let applicants, Wasim Akram and Shahrukh Khan, involved in Crime No. 74/2024, registered at Police Station – Rajpur, District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 420, 467, 468, 471 and 34 of the IPC, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- 4 (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 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. 9. 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 Rajshekhar