1 2026:CGHC:2222 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 492 of 2026 Sunil Kumar @ Sonu @ Ajay Sharma S/o Shri Girish Sharma Aged About 25 Years R/o Vallabhgarh, Sector-3, Faridabad, P.S. Ambedkar Chowk, District Vallabhgarh (Harayana) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Kurud, District – Dhamtari (C.G.) ---- Non-applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-applicant/State : Mr. Dharmesh Shrivastava, Dy. Adv. General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.01.2026 1. The applicant has preferred this Third Bail Application 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. 505/2024, registered at Police Station – Kurud, District – Dhamtari (C.G.) for the offence punishable under Sections 420 of the IPC. 2. Earlier the First bail application of the applicant was rejected by this Court vide order dated 21.03.2025 passed in MCRC No.2253/2025 on merits, and thereafter, he preferred the second bail application and the same was dismissed vide order dated 05.01.2026 passed in MCRC No.10484/2025 on technical ground. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. The case of the prosecution, is that complainant Lekhram Chandrakar filed a written complaint at Kurud Police Station, alleging therein that accused Mohan Sharma, also known as Mohan Baba, alongwith other co-accused persons Dharampal Gupta and Rekha Rajput, cheated him of Rs.52,49,425. The accused allegedly contacted the complainant through mobile Nos. 9599596902, 9319866626, and 9119749337, and sent various photos and videos related to tantric practices through WhatsApp. They promised to bring prosperity and happiness into his life and claimed to possess spiritual powers that could alleviate his problems. They obtained his Aadhar card, photos of his house, and other personal information, and then deceived him into transferring Rs.52,49,425 online on various dates. Based on the complainant's written complaint, Kurud Police Station registered a case against the accused as aforementioned. Hence, this application. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the applicant. It is submitted that the applicant is in jail since 20.01.2025, and so far as the status of the trial is concerned, there are a total of 19 prosecution witnesses in this case and the charges have been framed against the applicant on 05.08.2025, but till date not a single witness has been examined by the trial Court, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that the applicant along with other co-accused persons deceived the complainant to the tune of Rs. 52,49,425/- on various dates and later on they allegedly contacted the complainant 3 and sent various photos and videos related to tantric practices through Whatsapp, they promised to bring prosperity and happiness into his life and claimed to possess spiritual powers that could alleviate his problems, therefore, he is not entitled for grant of 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 applicant and the fact that there is no criminal antecedents registered against the applicant, further the fact that the First bail application of the applicant was rejected by this Court vide order dated 21.03.2025 passed in MCRC No.2253/2025 on merits, and thereafter, he preferred the second bail application and the same was dismissed vide order dated 05.01.2026 passed in MCRC No.10484/2025 on technical ground, and this is the third bail application on the ground that the applicant is in jail since 20.01.2025, and so far as the status of the trial is concerned, there are a total of 19 prosecution witnesses in this case and though the charges have been framed against the applicant on 05.08.2025, but till date not a single witness has been examined by the trial Court, therefore, I am inclined to allow this third bail application. 8. Let applicant, Sunil Kumar @ Sonu @ Ajay Sharma, involved in Crime No. 505/2024, registered at Police Station – Kurud, District – Dhamtari (C.G.) for the offence punishable under Sections 420 of the IPC, be released on bail on his furnishing a personal bond with two local sureties 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