1 2026:CGHC:20524 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2955 of 2026 • Wasim Urfa Munna Khan S/o Shri Mushir Khan Aged About 28 Years R/o Santoshi Nagar Gokul Nagar Raja City Raipur P/s Tikrapara Distt. Raipur C.G. India ... Applicant(s) versus • State of Chhattisgarh Through P/s Hathband Distt. Balodabazar- Bhatapara C.G. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Ajay Kumar Mishra, Advocate For Respondent(s) : Mr. Nitansh Kumar Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.05.2026 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.221/2025, registered at Police Station – Hathband, District – Balodabazar (C.G.) for the offence punishable under Sections 319(2), 318(4), 3(5) and 111 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant Neraj Verma lodge written complaint at Hathband police station on 30.10.2025, that the applicant with other co-accused, introduced himself to be a VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.04 11:01:44 +0530 2 recovery agent of Hinduja Finance company, the Hiwa truck finance from Hinduja Finance, bearing registration No. CG 22W 8845 is finance and instalment is not paying by the Debtor (owner), the allegation against the applicant, that fraudulently carrying out the Hiwa, police registered the offence and arrested the applicant other co-accused are absconding. Hence, this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case and there is no criminal antecedent registered against the present applicant. It is further submitted that co-accused has already been granted bail by this Court in MCRC No.2619 of 2026, vide order dated 19.03.2026, a copy of the same is annexed herewith as Annexure-A/3. He also submits that the charge-sheet has been filed in this case and the applicant is in jail since 18.11.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the applicant and the charge-sheet has been filed in this case. He also submits that It is alleged that the applicant, along with other co-accused persons, introduced himself as a recovery agent of Hinduja Finance Company and represented that a Hiwa truck bearing registration No. CG-22W-8845 had been financed by the said company and that the debtor/owner had defaulted in payment of instalments. The allegation against the applicant is that, on the basis of such misrepresentation, he fraudulently took possession of and carried away the said Hiwa truck, but he could not dispute the fact that co-accused has already been granted bail by 3 this Court in MCRC No.2619 of 2026, vide order dated 19.03.2026. 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, nature and gravity of allegation levelled against the applicant, applicant has no criminal antecedent and co-accused has already been granted bail by this Court in MCRC No.2619 of 2026, vide order dated 19.03.2026, charge-sheet has been filed against the applicant, the applicant is in jail since 18.11.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this bail application. 7. Let applicant Wasim @ Munna Khan, involved in Crime No.No.221/2025, registered at Police Station – Hathband, District – Balodabazar (C.G.) for the offence punishable under Sections 319(2), 318(4), 3(5) and 111 of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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 4 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. 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 Vaishali