1 2026:CGHC:16170 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3149 of 2026 Kailash Choudhary S/o Hanuman Choudhary, Aged About 26 Years, R/o Jato Ka Mohalla, Village Sirohi Kala, P.S. Narena, District Jaipur Rural, At Present Ward No. 15, Sunder Nagar, Madanganj Kishangarh, P.S. Gandhi Nagar, District Ajmer, Rajasthan ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Balodabazar, District - BalodaBazar-Bhatapara, Chhattisgarh ... Non-Applicant For Applicant : Mr. Rahul Ambast, Advocate. For Non-Applicant/State : Ms. Anusha Naik, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.04.2026 1. The applicant has preferred this First 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 FIR/Crime No. 0307/2025, registered at Police Station – City Kotwali, Balodabazar, District - BalodaBazar-Bhatapara (C.G.) for the offence punishable under Sections 318(4), 316(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the brief facts of the prosecution case, it is alleged that during the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.09 13:26:51 +0530 2 period from 23.07.2024 to 19.10.2024, the complainant, Ramchandra Vastrakar, was cheated of a sum of Rs. 8,06,640/- by the accused persons, who operated a company named VIP Trade, on the pretext of investing money with the assurance that the complainant would receive a monthly interest of 10–12%. A copy of FIR No. 0307/2025, registered on 26.03.2025, is filed herewith and marked as Annexure A/3. 3. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the company, namely “VIP Trade,” is allegedly being operated by the main accused, Lokesh Choudhary, who is responsible for making investments and dealing with clients, and that the present applicant has no role in either handling clients or investing money. Learned counsel further submits that the applicant is merely an employee of the said Lokesh Choudhary and is working as his driver. It is also submitted that although the applicant has certain previous criminal antecedents, the same have been duly explained in paragraph No. 4(a) of the present bail application. It is further submitted that the charge-sheet has already been filed. The pplicant has been arrested on 28.12.2025 in connection with another FIR No. 135/2025 registered on 12.04.2025 at Police Station Gandhi Nagar, District Ajmer, Rajasthan, for the alleged commission of offence(s) punishable under Section 420, 406, 120-B, 384 of the Indian Penal Code, 1860 whereby the present applicant has been granted bail on 05.03.2026 by the Hon'ble High Court of Judicature for Rajasthan bench at Jaipur and a production warrant has been issued against him on 04.02.2026 by the learned CJM, Baloda Bazaar in related to FIR dated 26.03.2025 for offence under Section 318(4), 316(2) and 3(5) of BNS, FIR No. 307/2025 whereby, the present applicant was produced before the learned CJM on 12.03.2026. Therefore, it is prayed 3 that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposed the bail application and submitted that from a perusal of the case diary, it is revealed that the complainant, Ramchandra Vastrakar, lodged a report alleging that during the period from 23.07.2024 to 19.10.2024, the applicant, along with other co-accused persons, formed a company in the name and style of “VIP Trade” and, by inducing the complainant with a false promise of providing returns at the rate of 10% to 12% per month, dishonestly and fraudulently collected a sum of Rs. 8,06,640/- from him. Therefore, it is argued that the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the company, namely “VIP Trade,” is allegedly being operated by the main accused, Lokesh Choudhary, who is responsible for making investments and dealing with clients, and that the present applicant has no role in either handling clients or investing money, also considering the fact that the applicant is merely an employee of the said Lokesh Choudhary and is working as his driver, further the applicant has certain previous criminal antecedents, the same have been duly explained in paragraph No. 4(a) of the present bail application, the charge-sheet has already been filed before the competent Court, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. Let the applicant - Kailash Choudhary, involved in FIR/Crime No. 0307/2025, registered at 4 Police Station – City Kotwali, Balodabazar, District - BalodaBazar- Bhatapara (C.G.) for the offence punishable under Sections 318(4), 316(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 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 5 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. 8. 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 Preeti