Zarifullah vs State of Chhattisgarh

Ramesh Sinha, CJ

This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 627/2024 registered at Police Station – Ambikapur, (As per FIR), District Sarguja (C.G.) for the offence punishable under Sections 318 of the Bhartiya Nyaya Sanhita, 2023.

Case of the prosecution is that the complainant, Ankur Garg, lodged an F.I.R. against the present applicants, alleging that they had promised him that the amount invested by him would be doubled within a short span of time. However, the applicants failed to fulfil this promise, and the invested amount was never returned. Consequently, on ----, Crime No. 627/2024 under Section 318 of the Bharatiya Nyaya Sanhita (B.N.S.) was registered against the present applicants. A copy of the F.I.R. is annexed herewith as Annexure A/2.

Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He submits that the applicant No. 1 and 3 have 04 criminal antecedents of similar nature, out of which in 03 cases they haves already been granted regular bail by this Court, copies of the have also been annexed with present bail application. He further submits that the present applicants have been in jail since 25.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant.

On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court.

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

Taking into consideration the facts and circumstances of the case and the fact that the applicant No. 1 and 3 have 04 criminal antecedents of similar nature, out of which in 03 cases they haves already been granted regular bail by this Court, copies of the have also been annexed with present bail application, moreover, the fact that charge-sheet has already been submitted before the competent Court and the present applicants are in jail since 25.04.2025, conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicants are entitled to be released on bail in this case.

Let the Applicants –Zarifullah, Sharukh Khan and Ashfaqullah involved in Crime No. 627/2024 registered at Police Station – Ambikapur, (As per FIR), District Sarguja (C.G.) for the offence punishable under Sections 318 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita.

(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.

(iv) The applicants 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 applicants are 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 them in accordance with law.

Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.