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2026 DAILYLAW 6237 (CHH)

CHHOTELAL YADAV v. STATE OF CHHATTISGARH

MCRC/241/2026 · 2026-04-07

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Judgment text

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1 2026:CGHC:16156 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 241 of 2026 Chhotelal Yadav S/o Ramlal Yadav Aged About 52 Years R/o Kanchanganga, Near Kanger Valley School Daganiya, P.S. D.D. Nagar, Raipur, Chhattisgrh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Saraswati Nagar, Distt. Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Rekhraj Baghel, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A. 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.173/2025, registered at Police Station - Saraswati Nagar District - Raipur (C.G.) for the offence punishable under Section 318(4) of the BNS. 2. The prosecution story in brief is that the complainant has made written VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.09 10:53:27 +0530 2 complaint to the concerned police station is that the applicant has received amount of Rs. 5,65,000/- from the complainant through R.T.G.S. for providing job to his wife and brother-in-law, but the same has not been provided by the applicant. Based upon the written complaint, the police has registered the offence under section 318(4) of B.N.S. against the applicant for the aforesaid offences on the basis of merely suspicious. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case. The applicant has neither received any amount on the pretext of providing a job nor committed any offence as alleged by the prosecution. It is further submitted that the applicant has neither cheated nor defrauded the complainant and the allegations made against him are false and baseless. The applicant has not been involved in any manner in the alleged offence and has been wrongly arrested by the police on the basis of false allegations levelled by the complainant. There is no material or evidence to support the allegations against the applicant and there is no eyewitness in the present case. It is submitted that due to previous enmity, the complainant has lodged a false and fabricated complaint against the applicant. The investigation has already been completed, the charge-sheet has been filed and the matter is triable by the J.M.F.C., therefore, the conclusion of the trial is likely to take considerable time. The applicant reserves his right to raise additional grounds and place relevant documents before this Hon’ble Court at the time of hearing. The applicant is a permanent resident of the village mentioned in the cause title of the application and there is no 3 likelihood of his absconding, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 13.10.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Chhotelal Yadav, involved in Crime No.173/2025, registered at Police Station - Saraswati Nagar District - Raipur (C.G.) for the offence punishable under Section 318(4) of the BNS., be released on bail on furnishing 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 her 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 4 during trial and in order to secure him 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. 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 vaibhav