Chandraprakash vs State Of Chhattisgarh
2026 Latest Caselaw 463 Chatt

Chattisgarh High Court

Chandraprakash vs State Of Chhattisgarh on 13 March, 2026

Author: Ramesh Sinha

Bench: Ramesh Sinha

                                                   1




                                                                        2026:CGHC:12143
                                                                                    NAFR
                           HIGH COURT OF CHHATTISGARH AT BILASPUR
                                       MCRC No. 1922 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, Police Station 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 470/2025, 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 Rameshwar

Kumar came in contact of co-accused and is brother and during that he

was offered to invest in share trading to double the amount invested,

on such assurance the complainant invested Rs. 12,00,000/- by

transfer in bank of Devnarayan and rest 10,00,000/- was given in cash,

total sum of Rs. 22,00,000/- was invested to be double in two years,

but applicant did not return 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.6996/2025 and

9910/2025. 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.6996/2025 and

9910/2025, 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. 470/2025,

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