1 2026:CGHC:13808 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2685 of 2026 Ashish Kumar Rath S/o Kishore Chandra Rath Aged About 38 Years R/o Village Jayantgiri,tahsil And P.S. Boriguma, District Koraput (Odisha) Office Add. Binaka Mall Jagdalpur, District Bastar (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Kotwali Jagdalpur, District – Bastar (C.G.) ---- Non-applicant For Applicant : Mr. Tapan Kumar Chandra, Advocate. For Non-applicant/State : Dr. Sourabh K. Pande, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.03.2026 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 Crime No. 299/2025, registered at Police Station – Kotwali Jagdalpur, District – Bastar (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the BNS. 2. The case of the prosecution, is that complainant Dr. Sayyed Moiluq Haq lodged a written complaint that the present applicant is director of Soul Art of Finance Company Pvt. Ltd. The complainant transferred Rs. 19,80,000/- through cheque and one Smt. Sangeeta Kaur transferred 2,50,000/- through cheque. After taking a total of Rs. 22,30,000/- from the complainant, the company was called and FDR was given to him RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 and after forging the fake tax, the bond paper was given to the applicant. That, on the basis of said complaint FIR was registered against the applicant. Hence, this application. 3. 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 one similar situated case registered against the applicant, in which the applicant has already been granted bail by this Court vide order dated 16.03.2026 passed in MCRC No.1150/2026. The applicant is in jail since 12.09.2025 and trial is likely to take quite long time for its conclusion, therefore, he may be granted bail. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that there is one similar situated case registered against the applicant, but could not dispute the fact that in the said case the applicant has already been granted bail by this Court. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, and the fact that there is one similar situated case registered against the applicant, in which the applicant has already been granted bail by this Court vide order dated 16.03.2026 passed in MCRC No.1150/2026, and the applicant is in jail since 12.09.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Ashish Kumar Rath, involved in Crime No. 299/2025, 3 registered at Police Station – Kotwali Jagdalpur, District – Bastar (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the 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 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. 4 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 Rajshekhar