Wasim Akram vs State Of Chhattisgarh

Ramesh Sinha, J

1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 651/2024, registered at Police Station – Surajpur, District-Surajpur (C.G.) for the offence punishable under Sections 420, 506, 34 of Indian Penal Code and Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005.

2 The case of the prosecution, in brief, is that the present applicant along with other co-accused came to complainant and told her that they have a business, in which the money will double in 60 days, complainant gave 35,00,000/- on February 2024 and 14,00,000/- in cash on 07.09.2024 out of which 3,00,000/- was returned to her. Cheque of 10,00,000/- and 2,00,000/- were issued in favor of complainant which was dishonour due to insufficient balance. therefore, the offence has been committed under section 420, 506, 34 of Indian Penal Code and section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005.

3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the co-accused, namely, Mirajuddin has already been granted bail by this Court passed in MCRC No. 504/2025 vide order dated 12.02.2025. He also submits that the applicant has three previous criminal antecedents including the present case and the charge-sheet has been filed and the applicant is in jail since 12.12.2024 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 opposed the bail application and submitted that the charge-sheet has been filed in the present case. He further submits that the applicant has three previous criminal antecedents including the present case, therefore the bail application of the present application is liable to be rejected.

5 I have heard learned counsel for the parties and perused 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 the co-accused, namely, Mirajuddin has already been granted bail by this Court on 12.02.2025 passed in MCRC No. 504/2025 and the charge-sheet has been filed and he is in jail since 12.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application.

7 Accordingly, the bail application is allowed. Let the applicant - Wasim Akram, involved in Crime No. 651/2024, registered at Police Station – Surajpur, District- Surajpur (C.G.) for the offence punishable under Sections 420, 506, 34 of Indian Penal Code 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 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.