1 2025:CGHC:10570 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1750 of 2025 Abhishek Mandal S/o Late Pradeep Mandal Aged About 23 Years R/o- Gandhinagar Behind Kalyan Traders, P.S.- Gandhinagar, Tahsil- Ambikapur District- Sarguja (C.G.) ... Applicant versus State of Chhattisgarh Through- The Outpost- Raghunathpur P.S.- Lundra, District- Sarguja (C.G.) ... Non-applicant For Applicant : Mr. Gyan Prakash Shukla, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.03.2025 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. 202/2024 registered at Police Station Lundra, District Surguja (C.G.), for the offences punishable under Section 318(4), 3(5), 61, 111 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's story is as follows on August 12, 2024, at around 10:45 PM, two individuals arrived at Topup Petrol Pump in a black ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.05 16:47:20 +0530 2 Honda Amaze car. The driver asked the complainant, Ashish Kujur, to fill 20 liters of petrol (Rs. 2033/-) and three jars of 20 liters of diesel each (Rs. 5676/-), totaling Rs. 7709/-. The driver scanned the QR code displayed at the pump, claiming the payment was made through UPI. However, when the payment didn't show up on the complainant's mobile, he went to the back ofÏce to verify. Meanwhile, the driver fled the scene with his car. An investigation, including CCTV footage and inquiries, revealed the driver to be Abhishek Mandal, who had also cheated another petrol pump on the same day. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the applicant, along with the co-accused, made the payment via online mode, and the same was verified by the petrol pump employee. However, due to certain technical glitches, the transaction was not completed, and the deducted amount was credited back to the applicant's account. He also submits that the present applicant has 04 criminal antecedents, 03 cases are under the similar nature and 01 case is under the NDPS act and for the same he has already been given explanation in the present bail application. He also submits that the applicant is in jail since 12.08.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge- sheet has already been submitted before the competent Court in the present case. He also submits that the present applicant has 03 criminal antecedents of the similar nature, shows that the applicant is 3 a habitual offender, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and further the fact that the applicant has 4 criminal antecedents, with 3 cases being of a similar nature and 1 case under the NDPS Act, learned counsel for the applicant has already given explanations for these antecedents in the present bail application. Moreover, the charge - sheet has already been submitted in the present case before the competent Court, and the applicant is languishing in jail since 12.08.2024, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Abhishek Mandal, involved in Crime No. 202/2024 registered at Police Station Lundra, District Surguja (C.G.), for the offences punishable under Section 318(4), 3(5), 61, 111 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 4 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 his 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek