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Chattisgarh High Court
Ahtash Ansari vs State Of Chhattisgarh on 10 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:11441
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2254 of 2026
Ahtash Ansari S/o Rozauddin Ansari Aged About 22 Years R/o Village -
Garadih, Police Station Kero, District Lohardaga Jharkhand
VAIBHAV
SINGH
... Applicant
Digitally signed
by VAIBHAV
SINGH
Date: 2026.03.11
10:37:43 +0530
versus
State Of Chhattisgarh Through Station House Officer, Police Station -
Jashpur, District Jashpur Chhattisgarh ... Non-applicant
For Applicant : Md. Altamas Azheer Ali, Advocate.
For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
10.03.2026
1.
This is the first bail application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant who has been arrested in connection with Crime No.
304/2025, registered at Police Station - Jashpur, District Jashpur, C.G.
for the offence punishable under Sections 61(2), 318(4) of the BNS
2023.
2. As per the prosecution story, on 05.11.2025 the applicant allegedly
contacted the complainant from his mobile number 8144900843 on
the complainant's mobile number 9755643311 and placed an order for
purchasing T.M.T. iron worth Rs.1,90,000/-. Pursuant to the said order,
on 07.11.2025 the complainant transported the iron rods through a
pick-up vehicle to Mahuatoli and delivered the same. However,
despite receiving the iron rods, the applicant allegedly failed to make
payment of the consideration amount of Rs.1,90,000/- to the
complainant and thereby cheated him. On the basis of the said
allegations, the complainant lodged a report at Police Station Jashpur,
on which FIR No. 304/2025 has been registered against the applicant
for the offence punishable under Section 318(4) of the BNS.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. It is
contended that the applicant has not committed any cheating or fraud
with the complainant and that the dispute between the parties is
purely of a commercial nature, to which criminal liability has been
wrongly attributed. It is further submitted that the charge-sheet has
already been filed and no further investigation is required; therefore,
the continued detention of the applicant would serve no useful
purpose. Learned counsel also submits that the alleged offences are
triable by the Magistrate and are not punishable with death or
imprisonment for life. It is further contended that the applicant has
been in judicial custody since 10.12.2025 and the conclusion of the
trial is likely to take time. The applicant is a permanent resident of the
address mentioned in the cause title and there is no likelihood of his
absconding or tampering with the prosecution witnesses. The
applicant undertakes to appear before the Trial Court during the
course of trial and is ready and willing to abide by all the conditions
that may be imposed by this Hon'ble Court while granting bail.
4. On the other hand learned State counsel opposes the bail application
of the present applicant and submits that the charge-sheet has been
submitted before the competent Court in the present case.
5. I have heard learned counsel for the parties and perused the case-
diary.
6. Taking into consideration the submissions made by the learned
counsel for the parties, and further considering the facts and
circumstances of the case, the nature and gravity of the offence
levelled against the present applicant, as well as the fact that the
charge-sheet has already been filed before the competent Court, and
that the applicant has been in judicial custody since 10.12.2025, and
the conclusion of the trial is likely to take some more time, this Court is
of the considered view that the applicant is entitled to be released on
bail in the present case.
7. Let applicant, Ahtash Ansari, involved in Crime No.304/2025,
registered at Police Station - Jashpur, District Jashpur, C.G. for the
offence punishable under Sections 61(2), 318(4) of the BNS 2023, be
released on bail on furnishing 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.
8. Office is directed to provide a certified copy of this order to the trial
Court concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
vaibhav
