1 2026:CGHC:15369 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3006 of 2026 Shahid Hussain S/o Ashiq Hussain Aged About 37 Years R/o Housing Board Colony Distt. Raipur Chhattisgarh (Sahid Hussain wrongly mentioned in the Impugned Order) ... Applicant versus State Of Chhattisgarh Through Police Station- Civil Lines, Distt.- Raipur (CG) ... Respondent For Applicant : Shri Vikash A. Shrivastava, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.93/2026 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.02 17:53:03 +0530 2 Civil Lines Distt. Raipur (C.G.) for the offence punishable under Sections 420, 34 of IPC. 2. Case of the prosecution, in brief, is that on 16/02/2026 complainant lodged an oral complaint to P.S. Civil Lines that in the year 2021, she acquainted with Sushmita Tandon, who told her that she has an office where they work to provide government jobs, currently there is recruitment for the post of Data Entry Operator in the Electricity Department, Raipur. An advertisement has been issued that if you want to get recruited for the post of data entry operator, it will cost seven lakh rupees. Thereafter complainant anlongwith her friend Amit transferred Rs 3,00,000/- to Sushmita Tondan. They promised to pay the remaining amount after getting the job. When the results for the data entry operator exam came out, Amit and complainant were not selected. Amit and complainant asked Sushmita and Shahid for their money back, but instead of returning the money, they sent a letter to one of their senior employee, saying that he is an officer, talk to him and gave Nitin Jadhav's mobile number on which Amit and complainant asked to return the money then Nitin Jadhav told Amit and complainant that next time he would provide both of them government job, then Amit and complainant told him to return the money but till today i.e. 16.02.2026 the money has not been returned. Upon receiving such complaint FIR has been registered and during the course of investigation present applicant has been arrested. 3 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that as per the complainant’s own version, the alleged transaction was with Sushmita Tondon; no allegation of inducement or demand of money is attributed to the present applicant. He would submit that the applicant is suffering from mouth cancer and requires urgent medical treatment, which is not adequately available in jail, thereby endangering his life. He would submit that documents to this effect has been filed along with the bail application. He would submit that the applicant is in jail since 08/03/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has not been filed in this case. 5. I have heard learned counsel appearing for the parties and perused the materials available on record. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, charge sheet has not been filed in this case but considering the fact that the applicant is suffering from mouth cancer and requires medical treatment, period of detention of the applicant since 08/03/2026 and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything 4 on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Shahid Hussain, involved in Crime No.93/2026 registered at Police Station Civil Lines Distt. Raipur (C.G.) for the offence punishable under Sections 420, 34 of IPC, be released on bail on his furnishing a 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 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 5 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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri