Citation : 2026 Latest Caselaw 460 Chatt
Judgement Date : 13 March, 2026
1
2026:CGHC:12144
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1818 of 2026
Chandraprakash S/o Maniram Sahu Aged About 34 Years R/o Village-
Bhusripali Outpost Sonakhan Police Station Kasdol District- Balodabazar-
Bhatapara (C.G.)
... Applicant
versus
State Of Chhattisgarh Through- Station House Officer, P.S. Kasdol, District -
Balodabazar-Bhatapara (C.G.)
---- Non-applicant
For Applicant : Mr. C.R. Sahu, Advocate.
For Non-applicant/State : Mr. Sourabh K. Pande, Dy. Adv. General.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
13.03.2026
1.
The applicant has preferred this First Bail Application under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of RAJSHEKHAR SONI regular bail, as he has been arrested in connection with Crime No. Digitally signed by 430/2025, registered at Police Station - Kasdol, District - Balodabazar- RAJSHEKHAR SONI Bhatapara (C.G.) for the offence punishable under Sections 318(4),
316(5), 318(3), 3(5) and 111 of the BNS.
2. The case of the prosecution, is that the complainant Rajkumar Yadu
came in contact of co-accused and is son and during that he was
offered to invest in share trading to double the amount invested, on
such assurance the complainant invested Rs. 37,50,000/- and
24,00,000/-through cash and rest amount transferred in bank of
Devnarayan and Janki Sahu total sum of Rs. 81,00,000/-was invested
to be double in two years, but applicants didi not returned the amount
thereby committed cheating with the complainant. Hence, this
application.
3. 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 4 criminal antecedents of the applicant. It is further submitted
that the charge-sheet has been filed in this case, and the co-accused
persons have been granted bail by this Court vide order dated
09.10.2025 and 09.12.2025 passed in MCRC No.7004/2025 and
9579/2025. The applicant is in jail since 13.12.2025 and trial is likely to
take quite long time for its conclusion, therefore, he prays for grant of
bail.
4. On the other hand, the learned State counsel opposes the bail
application and submits that there are a total of 4 criminal antecedents
of the applicant, the charge-sheet has been filed in this case, and the
applicant is not entitled for grant of bail.
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 and the
fact that there are a total of 4 criminal antecedents of the applicant,
charge-sheet has been filed against the applicant, and the co-accused
persons have been granted bail by this Court vide order dated
09.10.2025 and 09.12.2025 passed in MCRC No.7004/2025 and
9579/2025, the applicant is in jail since 13.12.2025 and conclusion of
the trial is likely to take some time, I am inclined to allow this
application.
7. Let applicant, Chandraprakash, involved in Crime No. 430/2025,
registered at Police Station - Kasdol, District - Balodabazar-Bhatapara
(C.G.) for the offence punishable under Sections 318(4), 316(5),
318(3), 3(5) and 111 of the 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 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 Rajshekhar
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