Nafr High Court
Case Details
KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 1 2025:CGHC:11236 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1861 of 2025 Najir Hussain S/o Mukhtar Ansari Aged About 34 Years R/o Sonpur Chowki, Basdei, District Surajpur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Surajpur, District Surajpur, Chhattisgarh. ... Non-Applicant For Applicant
Legal Reasoning
granted bail by this Court in MCRC No. 463/2025, vide order dated 12.02.2025 and the applicant is in jail since 12.12.2024 and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant on parity. 4. On the other hand, learned Panel Lawyer, appearing for the 3 State/non-applicant opposes the bail application and submits that during the course of investigation, the accused was taken into custody and interrogated and their statements were recorded. The accused admitted to committing fraud with co-accused Asfaq Ullah by promising to double the money. During the investigation, the police seized various items, including bank checks, a car, a bike, mobile phones and other assets from the applicant and co-accused. Accordingly, he prays for grant of bail to the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 12.12.2024 and the recovery made from the applicant and further the fact that there are three cases have been registered against him and further the fact that the co-accused namely Mirajudding has already been granted bail by this Court in MCRC No. 463/2025, vide order dated 12.02.2025 and the case of the applicant is similar to that of the co-accused thus, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let the applicant – Najir Hussain, involved in Crime No. 650/2024 registered at Police Station- Surajpur, District- Surajpur (C.G.), for the offence punishable under Sections 420, 506, 34 of IPC and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005, be released on bail on his furnishing a personal bond with two sureties, in the like sum to the satisfaction of the Court 4 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 sufÏcient 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 sufÏcient cause, then it shall be 5 open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. S/- Sd/- (Ramesh Sinha) Chief Justice - Kunal
Arguments
: Mr. Sangeet Kumar Kushwaha, Advocate For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/03/2025 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. 650/2024 registered at Police Station- Surajpur, District- Surajpur (C.G.), for the offence punishable under Sections 420, 506, 34 of IPC and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005. 2. Case of the prosecution, in brief, is that the present applicant along with other co-accused came to the complainant and told him that his 2 friend Asfaq Ullah and his father Zarif Ullah double the money in 52 days and tempting him to invest money, complainant gave 7,50,000/- on 21.05.2024, Ashfaq Ullah gave him a cheque of Rs. 7,50,000/- and was asked to withdraw the money from his account after 52 days through cheque and was given 2,50,000/- in cash. The cheque which was issued in favour of complainant was dishonour due to insufÏcient balance. Therefore, the offence has been registered under Sections 420, 506, 34 of IPC and Section 10 of Chhattisgarh Protection of Depositor Interest Act, 2005. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that from perusal of the prosecution story it is clear that the applicant has not committed any offence. The applicant has not received any amount from any person by deceiving him/her, nor has he helped any other person to invest any amount nor has he deposited any amount in a bank account or in cash from any person. He further submits that the applicant has not committed any essential elements of the main section of the case nor has any person has been deceived, he has been involved in the said crime by the police on the false grounds without any valid documents. He further submits that there are three cases have been registered against him and the co-accused namely Mirajudding has already