1 2026:CGHC:2300 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 71 of 2026 • Mohammad Ilyas S/o Mohammad Iqbal Aged About 27 Years R/o Chaurasia Colony, Near Masjid, Raipur, Tehsil And District Raipur C.G. ... Applicant versus • State of Chhattisgarh Through The Police Station Kotwali, Raipur, Dist. Raipur C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ankur Agrawal, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who is apprehending her arrest in connection Crime No.360/2025 registered at Police Station - Kotwali District-Raipur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2) of BNS. 2. The prosecution story, in brief, is that the complainant has made complaint that he is old aged and used to keep cheque for transaction and on 15.12.2025 the complainant has received the message in his VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.16 11:00:35 +0530 2 phone about the withdrawal of amount of Rs.25,000/- from his account and for which the complainant inquired it from the bank and got knowledge that the same was withdrawn through his cheque and for which the complainant has suspected the present applicant for the reason that the mother of the applicant used to came in the house of the complainant for taking his care and due to which the applicant also visited the house of the complainant and on that basis the FIR under the aforesaid sections has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. It is further that the three cheques of the complainant were stolen and only on the basis of the suspicion FIR has been registered against the applicant. He further submits that applicant has been arrested by the police without producing in the court for more than two days and when application under Section 58 of BNSS was moved then the police prepared the istagasa and produced the applicant before the SDM and from where the applicant got released on bail. He further submits that applicant has only one previous criminal antecedent of the year 2020 and investigation and trial is likely to taken some time for it’s conclusion, therefore, it is prayed that the applicant may be enlarged on bail. 4. On the other hand, learned State counsel appearing for the non- applicant/State opposes the bail application and submits that applicant has one criminal antecedent of the year 2020. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and 3 gravity of the offence, allegations levelled against the applicant and submissions made by learned counsel for the parties and applicant has only one criminal antecedent of the year 2020, hence this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Mohammad IIyas involved in Crime No.360/2025 registered at Police Station - Kotwali District-Raipur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2) of BNS, be released on bail on furnishing personal bond with two 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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 4 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 vaishali