1 2026:CGHC:20188 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3996 of 2026 Madar Khan @ Salim Khan S/o Late Nazim Khan Aged About 53 Years R/o Dutkaiya, Police Station And Tahsil- Rajim, District- Gariyabandh (C.G.) ... Applicant versus State Of Chhattisgarh Through Officer-In-Charge, Police Station Doundi, District – Balod (C.G.) ---- Non-applicant For Applicant : Mr. Hemant Kumar Agrawal, Advocate. For Non-applicant/State : Dr. Sourabh K. Pande, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.04.2026 1. The applicant has preferred this Second 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. 54/2024, registered at Police Station – Doundi, District – Balod (C.G.) for the offence punishable under Sections 420 and 34 of the IPC. 2. Earlier the first bail application of the applicant was rejected by this Court vide order dated 15.10.2025 passed in MCRC No.8223/2025, on merits. 3. The case of the prosecution, is that On 08.09.2024, the complainant Chandar Singh Nuruti submitted a written complaint before Police Station Doundi and stated that, for obtaining a job in the Forest Department, on the assurance of the applicant and co-accused RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 persons namely Pradeep Singh Thakur, Harendra Kumar Netam, Mayank Netam & Fatima Bi, he paid Rs. 4,70,000/-, but he has not yet received the job. He demanded his money back from the accused persons, but they did not return the same. In this manner, the accused persons cheated him as well as other persons. Police Station Doundi registered an offence under Sections 420 and 34 of the IPC. Hence, this application. 4. 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 are a total of 18 criminal antecedents of the applicant out of which only 5 cases are pending. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that the co-accused has been granted bail by this Court vide order dated 20.01.2026, 04.12.2025, 24.01.2025 and 03.12.2024 passed in MCRC No.10542/2025, 9812/2025, 8/2025 and 8406/2024, and The applicant is in jail since 10.09.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that there are a total of 18 criminal antecedents of the applicant out of which 5 cases are pending, therefore, he is not entitled for grant of bail, but he could not dispute the fact that the co-accused have already been granted bail by this Court. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 3 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are a total of 18 criminal antecedents of the applicant out of which only 5 cases are pending, charge-sheet has been filed against the applicant, the co-accused has been granted bail by this Court vide order dated 20.01.2026, 04.12.2025, 24.01.2025 and 03.12.2024 passed in MCRC No.10542/2025, 9812/2025, 8/2025 and 8406/2024 the applicant is in jail since 10.09.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Madar Khan @ Salim Khan, involved in Crime No. 54/2024, registered at Police Station – Doundi, District – Balod (C.G.) for the offence punishable under Sections 420 and 34 of the 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 proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar