1 2025:CGHC:21492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2128 of 2025 1 - Narayan Solwanshi S/o Bhukhau Ram Aged About 37 Years R/o Sanjay Nagar, Balod, District - Balod, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through - P.S. - Balod, District - Balod Chhattisgarh ... Non-applicant For Applicant : Mr. Hemant Gupta, Advocate For State : Mr. U.K.S. Chandel, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/05/2025 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. 60/2024 registered at Police Station Balod, District Balod (C.G.), for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)(A), 111 of BNS. 2. Case of the prosecution, in brief, is that during 01.01.2024 to 02.02.2025 the present applicant helps the other co-accused to open VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.12 11:40:56 +0530 2 bank accounts, who may have committed fraud and gain undue money transactions on the account opened with the help of the applicant and thereby the offence has been committed and the FIR has been registered under Section 317(2), 317(4), 318(4), 61(2)(A), 111 of BNS against the applicant as well. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the applicant has not used any sum from those bank accounts nor any such allegation was leveled against him. Further the applicant is suffering with high Uric acid and recently he is having medication for that too. The applicant is in jail since 03.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no criminal antecedents. 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 allegation levelled against the applicant and the fact that the applicant has no previous criminal antecedent. Further the applicant is suffering with high Uric acid and recently he is having medication for that too. The applicant is in jail since 03.02.2025 and the conclusion of the trial is likely to take quite long time, this Court is of the view that the applicant is entitled to be released on bail in this case. 3 7. Let the applicant – Narayan Solwanshi involved in Crime No. 60/2024 registered at Police Station Balod, District Balod (C.G.), for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2) (A), 111 of BNS., be released on bail on their 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 she 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 her 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 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 4 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 an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali