1 2025:CGHC:17207 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1732 of 2025 Santosh Kumar Rajwade S/o Sukhlal Rajwade Aged About 36 Years R/o Village Pandavpara P.S. / Tehsil Patna District Koriya Chhattisgarh Permanent Address Village Kailashpur Bishrampur P.S. Jainagar Tehsil Surajpur District Surajpur (C.G.) . .. Applicant versus State Of Chhattisgarh Through The Police Of Patna District - Koriya (C.G.) ... Respondent For applicant : Shri Sashwat Gupta, Advocate. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 25/2025 registered at Police Station Patna, District-Koriya (C.G.) for the offence punishable under Sections 318, 336(5), 337 & 338 of Bharatiya GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.21 10:52:14 +0530 2 Nyaya Sanhita (BNS), 2023. 3. Case of the prosecution, in brief, is that a complaint has been filed stating that complainant Rikhi Muni's husband Late Rajlal used to work in SECL. Due to bad health, her husband resigned from the job after 20 years. After resignation, her husband got Rs. 26 lakhs, out of which Rs. 22 lakhs were deposited in the account of Central Bank Pandavpara and Rs. 04 lakhs in the account of SBI Baikunthpur, in form of Fixed Deposits(FD) was made and its nominee was Rikhi Muni, the complainant asked the applicant/accused Santosh Kumar Rajwade to help her in getting the said amount transferred to her savings account by breaking it, on which the applicant/accused took the complainant to the bank 3-4 times and got her to sign the form by lying, later it was found that the applicant/accused Santosh Kumar Rajwade cheated by withdrawing a total of 22 lakh rupees between 31.08.2024 and 29.12.2024. On the basis of the said written complaint of Rikhi Muni, a First Information Report was registered in Police Station Patna under Crime No. 25/2025 under Sections 318, 336(5), 337, 338 of the Bharatiya Nyaya Sanhita (BNS), 2023. 4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely been implicated in the present case. He would submit that the applicant has no criminal antecedents, charge sheet has been filed, the applicant is in jail since 01/02/2025 and the trial will take long time for its conclusion, hence, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State Counsel opposes the prayer for grant of bail to the applicant. He would submit that there is no criminal antecedents against the applicant and charge sheet has been filed. 3 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, nature and gravity of offence, charge sheet has been filed, there is no criminal antecedents against the applicant, period of detention of the applicant since 01/02/2025 and trial will 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. 8. Let the Applicant – Santosh Kumar Rajwade, involved in Crime No. 25/2025 registered at Police Station Patna, District-Koriya (C.G.) for the offence punishable under Sections 318, 336(5), 337 & 338 of Bharatiya Nyaya Sanhita (BNS), 2023, 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 their absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, 4 proclamation under Section 84 of BNSS is issued and the applicant fail 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. 9. OfÏce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri