1 2025:CGHC:11428 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1879 of 2025 Ajay Yadav S/o Rajesh Yadav Aged About 21 Years Temporary R/o Rajendra Nagar Ward, Jagdalpur, (C.G.) And Permanent Address Village - Sahapur, Maunath Bhajan, Police Station Haldhar Pur, District Mau (U.P.). ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Bodhghat, District Bastar Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Punit Ruparel, Advocate. For Respondent(s) : Mr. S.S. Baghel, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/03/2025 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 connection with Crime No. 493/2024 registered at Police Station Bodhghat, District Bastar (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 419, 420, 467, 468, 471, 120-B, 474 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that the on November 12, 2024, information was received through a source that two individuals from Uttar Pradesh had been living in a rented house in Bahadurguda Rajendra Nagar Ward, Jagdalpur, for the past three to four months. They had prepared fake documents, including fifth and eighth-grade mark sheets and residence certificates, in the name of a permanent resident of Jagdalpur, to appear in the Bastar constable recruitment exam. With criminal intent, they conspired to deceive the Chhattisgarh government by creating forged documents and using them as genuine. Thereafter, offence has been registered against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the documents seized from the applicant's possession, including his Class 12th mark sheet, BSC Final year mark sheet, District Police Force Constable Cadre Selection Examination 2023-24 document, and Union Bank Pass- Book, along with his Voter ID Card, were all issued in his name and were not disputed by any authority. He also submits that despite the applicant possessing these genuine documents, the police presumed them to be false without conducting proper verification. The issuing authorities were not contacted to confirm the authenticity of the documents during the investigation. Nevertheless, the police proceeded to file a charge sheet, assuming 3 the documents were false. The applicant is in jail since 13.11.2024, the applicant has no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith other co-accused person had prepared fake documents, including fifth and eighth-grade mark sheets and residence certificates, in the name of a permanent resident of Jagdalpur, to appear in the Bastar constable recruitment exam, therefore, he is not entitled for grant of bail. 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, period of detention of the applicant since 13.11.2024, the fact that though the applicant alongwith other co-accused persons had prepared fake documents, including fifth and eighth-grade mark sheets and residence certificates, in the name of a permanent resident of Jagdalpur, to appear in the Bastar constable recruitment exam, but the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Ajay Yadav, involved in Crime No. 493/2024 4 registered at Police Station Bodhghat, District Bastar (C.G.) for the offence punishable under Sections 419, 420, 467, 468, 471, 120-B, 474 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 sufÏcient 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, 5 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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil