1 2025:CGHC:17457 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2197 of 2025 • Kamlesh Sao @ Mithun S/o Ganga Sao Aged About 31 Years R/o Galma Chowk, Ghanshayampur, P.S.- Ghanshyampur, Dist Darbhanga (Bihar) Current Address- Thakurdiya, Kharsiya, P.S. And Tah.- Kharsiya, Dist- Raigarh (C.G.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, P.S Pusaur, Dist. Raigarh (C.G) ... Non-applicant For Applicant : None. For State : Ms. Smriti Shrivastava, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Jusice Order on Board 16/04/2025 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. 132 of 2025 registered at Police VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.21 13:03:13 +0530 2 Station : Pusaur, District – Raigarh (C.G.) for the offence punishable under Sections 420, 34 of the Indian Penal Code. 3. The prosecution case, in brief, is that a complaint was lodged at Police Station Pusaur, Raigarh (C.G.) that on 20.05.2024 at about 9:30AM, when the complainant was alone in her house, 2 unknown persons came on motorcycle and told her that both of them are employees of Patanjali Company and they wash Brass, Silver and Gold materials. After some time she was coaxed and taken away to believe in them and the alleged persons took Brass Utensils with a pair of Gold Ear rings and a Gold Mangalsutra Necklace amounting to approximately Rs. 80,000/- to wash and clean. They kept her busy and gave her back a Packet of Powder telling that her jewelries are kept inside that packet and are washed and asked her to open it after 10mins, and then went away. After some time when the complainant opened the packet she found nothing in it, except powder and those 2 unknown persons cheated on her taking away her jewelries. On basis of which crime was registered u/s 420, 34 of IPC. The applicant is allegedly one amongst them. However, the applicant is innocent and has been falsely implicated in crime in question. 4. Learned State counsel also opposes the bail application and submitted that there is no previous antecedent against the applicant and he is in jail since 13.02.2025. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstance of the case, nature and gravity of offence and also considering the fact that the there is no previous antecedent against the present applicant and no evidence available against the present applicant, the applicant is in jail since 13.02.2025 and trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Kamlesh Sao @ Mithun, involved in Crime No. 134 of 2023 registered at Police Station Azad Chowk, Raipur, District – Raipur(C.G.) for the offence punishable under Sections 420, 120-B and 34 of the Indian Penal Code, be released on bail on his furnishing a personal bond with two local sureties in the like amount 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 Section 84 of BNSS. is issued and the applicant fails to appear before the court on the 4 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 hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy 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 concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaishali