[Cites 6, Cited by 0]
Chattisgarh High Court
Shahid Hussain vs State Of Chhattisgarh on 2 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:15369
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3006 of 2026
GOURI
MUDALIAR
Shahid Hussain S/o Ashiq Hussain Aged About 37 Years R/o Housing
Digitally signed by
GOURI MUDALIAR Board Colony Distt. Raipur Chhattisgarh (Sahid Hussain wrongly
Date: 2026.04.02
17:53:03 +0530 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 : Ms. Vaishali Mahilong, Dy.G.A.
Respondent/State
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
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. 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
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
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
