1 2025:CGHC:14942 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1960 of 2025 Bimal Kumar Shah S/o Ramesh Chandra Shah Aged About 60 Years R/o 10/61, Swarn Path, Opposite H.D.F.C. Bank A.T.M. Manasraver Jaipur, Rajasthan ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Supela, District Durg, Chhattisgarh (wrongly mentioned in the cause title of the order State of CG by District Magistrate Durg, District Durg (C.G.) ... Respondent For applicant : Shri Manish Nigam, Advocate. For Respondent/State : Shri Shaleen Singh Baghel, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/03/2025 1. 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.28 16:34:19 +0530 2 connection with Crime No. 348/2020 registered at Police Station Supela District Durg (C.G.) for the offence punishable under Sections 420, 467, 468, 471 of IPC. 2. Case of the prosecution, in brief, is that on 08.06.2020 the complainant Pranab Kumar Ganguli lodged a report stating that he has applied for 100 shares of Asian Paints Limited and has deposited Rs. 10 per share for the purchase of share. However, the company issued only 50 shares and has refunded a sum of Rs. 500/-. The 50 shares were issued in the name of his wife Saroj Bala Ganguli. She was the trust holder and second holder was complainant. He has received dividend shares six times, accordingly, he has 587 shares of Rs. 10 face value. He further stated that on January 2019, he shifted from Kanpur Uttar Pradesh to Bhilai where 50 shares were lost. On 15.01.2019 he received a letter from the Director of Asian Paints wherein it was informed that he has sold the shares certificate No. 00000648, Distinctive No. 375831 to 3763690 to the applicant through Shri R.K. Meena Registrar of companies and a duplicate receipt has been sought as the original was lost. Accordingly the complainant had lodged the FIR stating he has never sold the shares to the applicant through Registrar of Companies, Jaipur namely R.K. Meena. He further stated that T.S.R. Darashaw without obtaining the signature of the complainant has written a letter for transferring the share to the applicant with a forged Form-7 thus the offence has been committed. 3 3. Learned counsel for the applicant submitted that the applicant is a resident of Jaipur and there was a dispute between the brokerage company TSR Darashaw situated at Mumbai and the complainant Pranav Kumar Ganguly with respect to shares and the applicant has purchased share from TSR Darashaw which was brokerage agency. TSR Darashaw wrote to the complainant to transfer the said share to the said company and it was informed that no such share was sold to TSR Darashaw. He would submit that shares in question has not yet been transferred. It is further submitted the charge sheet has been filed and the applicant has been arrested on 14/02/2025, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. He has pointed out that the complainant had approached this court in WPCR No.21/2025 and the same was disposed of by this court on 7/03/2025 and the Investigating Officer was directed to conclude the investigation within three weeks and submit police report before Magistrate concerned and final report has been submitted. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, also considering the fact that the shares in question has never been transferred in the name of the 4 applicant, the shares still remains in the name of the complainant and his wife, charge sheet has been filed which is taken on record and the applicant is in jail since 14/02/2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Bimal Kumar Shah, involved in Crime No. 348/2020 registered at Police Station Supela District Durg (C.G.) for the offence punishable under Sections 420, 467, 468, 471 of IPC be released on bail on his furnishing a personal bond with two local 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 5 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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri