1 2026:CGHC:16189 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1109 of 2026 Kanhaiya Prasad Shah S/o Shyamlal Shah Aged About 44 Years Resident Of Ward No. 05, Basour, Police Station Basour, District Bhagalpur (Bihar) ... Applicant(s) versus State Of Chhattisgarh Through- The Station House Officer, Police Of Police Station Mahasamund, District Mahasamund (C.G.) ... Non-Applicant(s) For Applicant : Mr. Ajay Kumar Chandra, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/04/2026 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. 525/2025 registered at Police Station- Mahasamund District- Mahasamund (C.G.), for the offence punishable under Section 318(4) read with Section 3(5) of BNS. 2. Case of the prosecution, in brief, is that the complainant, Akash Chandrakar, appeared at the police station and lodged a written complaint stating that on 23.12.2025 at about 11:30 AM, two KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 unknown persons came to his house and represented that they clean utensils and polish gold and silver. They first demonstrated by cleaning a brass bucket. At that time, his mother, was alone at home. His mother handed over four gold bangles and one ring, which she was wearing, for cleaning. Thereafter, the said unknown persons asked his mother to bring hot water. His mother brought hot water in a utensil from inside the house. The two persons added some substance to the hot water, due to which the water turned yellow in color. They then put the four bangles and one ring given by his mother into the solution and stated that the ornaments would become completely clean after some time. Meanwhile, they stated that they were going outside to wash their hands and left the house. When they did not return for some time, upon going outside, it was found that both persons had fled away. Thereafter, when his mother checked inside the house, she found that the utensil contained only yellow- colored water and the four bangles and one ring were missing. At that point, his mother realized that both persons had cheated her on the pretext of cleaning ornaments and had absconded with four bangles and one ring, total weight 86 grams, valued at Rs. 10,00,000/-. On the basis of the report of the complainant, Crime No. 525/2025 was registered at Police Station Mahasamund under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita against unknown accused persons, and the First Information Report was duly recorded. During the course of investigation, CCTV footage from around the place of occurrence was examined and efforts were made to trace the accused persons, leading to the identification of their mobile numbers. Call Detail Records (CDR) and Customer Application Form 3 (CAF) details were obtained. Through mobile location tracking, accused/applicant Kanhaiya Prasad Shah was traced and his memorandum statement was recorded. In his statement, he disclosed that along with his associate Dilip Shah, they had travelled by train to Nagpur, purchased a second-hand motorcycle and moved around various places committing fraud under the pretext of cleaning gold and silver ornaments. From such fraudulent activities, both of them obtained four gold chains, one necklace chain and one mangalsutra with black beads, total weight approximately 106 grams, valued at about Rs. 13,28,750/-. They stayed in a dharamshala for three days. On 23.12.2025, both of them went to Mahasamund on the motorcycle and by deceiving a woman under the pretext of cleaning gold, silver, and utensils, fled away with four gold bangles and one ring. They abandoned the motorcycle at Jharsuguda Railway Station and returned to their respective homes by train. The stolen four bangles and ring were sold by Dilip Shah somewhere for Rs. 7,00,000/-, and in the distribution, Kanhaiya Prasad Shah received Rs. 3,50,000/-, out of which he spent Rs. 1,50,000/- and retained Rs. 2,00,000/- in his almirah. Based upon such, the aforementioned offences were registered against the accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has neither committed nor participated in any act constituting the alleged offences and the evidence collected by the prosecution does not disclose a prima facie case sufficient to hold the applicant guilty. It is further submitted that the 4 implication of the applicant is based solely on suspicion and the memorandum statement, which has no independent corroboration. He further submits that the name of the applicant does not find place in the First Information Report (FIR) and he has been arraigned only on the basis of suspicion. It is also argued that the applicant has been in judicial custody since 01.01.2026 and in the present case, charge- sheet has been filed before the competent Court and the applicant has no criminal antecedent, trial is likely to take some time therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the applicant is a resident of the State of Bihar and though there is no information regarding his criminal antecedents in the State of Bihar, he has no criminal record in the State of Chhattisgarh. It is further submitted that the present case pertains to a well-planned act of cheating, wherein the applicant, along with a co-accused, deceitfully induced the victim on the pretext of cleaning gold and silver ornaments and dishonestly misappropriated valuable jewellery. During investigation, the involvement of the applicant has been established on the basis of memorandum statement, technical evidence including mobile location and CDR, as well as recovery of stolen articles and cash from his possession. It is also submitted that the co-accused is still absconding and the investigation is not yet complete. Considering the nature and gravity of the offence, the manner in which it was committed and the likelihood of the applicant absconding or repeating similar offences, it is prayed that the application for bail be rejected. 5 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 of allegations, the evidence collected during investigation and the period of detention of the applicant since 01.01.2026 and the fact that the charge-sheet has already been filed before the competent Court and no further custodial interrogation of the applicant appears to be necessary and further considering that the trial is likely to take considerable time for its conclusion thus, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Kanhaiya Prasad Shah, involved in Crime No. 525/2025 registered at Police Station- Mahasamund District- Mahasamund (C.G.), for the offence punishable under Section 318(4) read with Section 3(5) of BNS, 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:- (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 6 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 for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal