Surajpur, Chhattisgarh v. State Of Chhattisgarh Through Station House Officer, Police Station
Case Details
1 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.19 17:34:59 +0530 2025:CGHC:47855 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7272 of 2025 Shamshad Ansari S/o Abdul Rehman Ansari Aged About 33 Years R/o Village Bhawarahi, Near Adarsh Sishu School, Post Shivprasad Nagar, Police Station Surajpur, District : Surajpur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Patna, District : Koriya Chhattisgarh ... Respondent For Applicant
Legal Reasoning
: Shri Sangeet Kumar Kushwaha, Advocate. For : Shri Soumya Rai, PL. Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/09/2025 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.108/2025 registered at Police Station Patna, District Koriya (C.G.) for the offence punishable under Sections 420, 506 and 34 of the Indian Penal Code. 2 2. Case of the prosecution, in brief, is that applicant Shamshad Ansari deceived the complainant Belal Mohammad by promising to return the money by doubling it in 72 days after investing it in trading. Coming under the influence of the words of applicant Shamshad Ansari and other co-accused, complainant Belal Mohammad transferred Rs. 99,000/- on 14.02.2024, Rs. 99,000/- on 16.02.2024, Rs. 2,000/- on 18.02.2024, Rs. 52,000/- on 25.04.2024, Rs. 48,000/- on 26.04.2024, Rs. 50,000/- on 27.04.2024, Rs. 25,000/- on 25.06.2024 from his Phone Pay to the mobile number 9907309143 of accused Shamshad and Rs. 25,000/- in cash was also given. On the behest of applicant Shamshad, the complainant transferred Rs. 05 lakhs through RTGS to the account number 5386607768 of his wife Gulshan Parveen in Central Bank of India branch Pandavpara. On 27.05.2024, on the behest of applicant Shamshad Ansari and other co-accused Irfan, Aryan and Gulshan Parveen, Rs. 08 lakhs in cash was given to them in front of witnesses Brijesh Kushwaha and Sumit Kumar. In this way, the applicant received about Rs.17 lakhs from the complainant. After about 72 days, when the complainant went to the house of the applicant to ask for the money back, then applicant Shamshad absconded. 3. Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in the present case. He would submit that the applicant had a close relationship 3 with the complainant Belal Mohammad, who used to exchange money with each other as per the need and Rs. 4,00,000/- was given by the complainant in the account of the applicant. He would submit that the applicant is merely accused of enticement, whereas there has never been any conversation or transaction regarding the alleged enticement, he has been prosecuted only on the basis of relationship. He would submit that the applicant is in jail since 22/07/2025 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 he would submit that the applicant has no criminal antecedents. 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, nature of allegation levelled against the applicant, considering the fact that dispute appears to monetary dispute between the parties, period of detention of the applicant since 22/07/2025, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, 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- Shamshad Ansari, involved in Crime No.108/2025 4 registered at Police Station Patna, District Koriya (C.G.) for the offence punishable under Sections 420, 506 and 34 of the Indian Penal Code, be released on bail on his furnishing a 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 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. 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