2026:CGHC:11707 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2298 of 2026 Swatantra Kaushal S/o Shri Kesu Ram Kaushal, Aged About 59 Years R/o Village Baliyara, P.S. Arjuni, District- Dhamtari Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Tikrapara, District- Raipur (C.G.)

... Non-Applicant For Applicant : Mr. Banhiman Roy, Advocate.

For Non-Applicant/State : Mr. Nitansh Kumar Jaiswal, Deputy G.A.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

11.03.2026

1. This is the Second Bail Application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 219/2025 registered at Police Station – Tikrapara, District- Raipur (C.G.) for the offence punishable under Section 420 of the Indian Penal Code (In short, IPC).

2. The earlier bail application of the applicant being MCRC No.

4525/2025 was rejected by this Court vide order dated 10.07.2025 on merits with liberty to proceed and conclude the trial expeditiously.

RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN

3. Case of the prosecution, in brief, is that the complainant lodged a report before the concerned Police Station alleging that the present applicant had taken an amount of Rs. 7,00,000/- from the complainant and Rs. 12,00,000/- from his friend on the pretext of providing employment. However, despite receiving the said amount, the applicant allegedly failed to provide the promised employment to them and did not return the money. On the basis of the said complaint, the police registered an offence punishable under Section 420 of the Indian Penal Code against the applicant and started investigation in the matter. Hence, the present bail application.

4. Learned counsel for the applicant submits that the earlier bail application of the applicant was rejected by this Court on merit with a direction to conclude the trial expeditiously and the applicant is in jail since 19.03.2025 and so far as the status of the trial is concerned, on 08.08.2025 charges were framed and after framing of charge, out of 08 prosecution witnesses, no prosecution witnesses have been examined in the case. Hence, he prays for grant of bail to the applicant.

5. On the other hand, learned State Counsel opposes the bail application and submits that the applicant has committed a serious offence of cheating by dishonestly inducing the complainant and his friend to part with a total amount of Rs. 19,00,000/- on the false pretext of providing employment. It is further submitted that after receiving the said amount, the applicant neither provided the promised employment nor returned the money to the complainant and his friend. Therefore, considering the nature and gravity of the offence and the allegations levelled against the applicant, he is not entitled to be released on bail.

6. I have heard learned counsel appearing for the parties and perused the case diary.

7. Taking into consideration the facts and circumstances of the case and also considering the fact that this is the second bail application and the earlier bail application of the applicant was rejected on merits with a direction to conclude the trial expeditiously and so far as the status of the trial is concerned, on 08.08.2025 charges were framed and out of 08 prosecution witnesses, no prosecution witnesses have been examined till date and summons have been issued, further the applicant is in jail since 19.03.2025, he has no previous criminal antecedents, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case.

8. Accordingly, the second bail application of the applicant is allowed Let the Applicant – Swatantra Kaushal, involved in Crime No. 219/2025 registered at Police Station – Tikrapara, District- Raipur (C.G.) for the offence punishable under Section 420 of the Indian Penal Code, be released on bail on furnishing personal bond with two sureties in the like sum to the