1 2025:CGHC:14370 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2348 of 2025 Devidayal Yadav S/o Ramanuj Yadav Aged About 35 Years Caste - Ahir, R/o Village Karri, P.S. Raghunathnagar, District Balrampur-Ramanujganj Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Sitapur, District Sarguja Chhattisgarh. ... Non-applicant For Applicant : Mr. Sunil Tripathi, Advocate For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Adv. Geneal. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.03.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 164/2018 registered at Police Station Sitapur, District – Surguja (C.G.), for the offence punishable under Sections 420, 509, 34 of the Indian Penal Code. 2. The prosecution's case, in brief, is that the complainant, namely, Kailash Gupta, lodged an FIR at Police Station Sitapur, alleging that ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.26 10:51:46 +0530 2 one person, Ramesh, induced him to purchase a gold brick (biscuit) worth Rs. 3,50,000/-. After purchasing it, he discovered that the gold brick was fake. When he approached Ramesh again, he was threatened with death and abused with filthy language. During the investigation, based on the memorandum statement of the co- accused, the present applicant's name was included in the charge sheet, and he was implicated in the above-mentioned offense. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the FIR was registered against unknown persons, and the present applicant's name came to light based on the memorandum statement of the co-accused, Ram Sundar Pando. He further submits that the said co-accused, Ram Sundar Pando, was granted bail in MCRC No. 3638 of 2019 vide order dated 29.07.2019, by the learned Coordinate Bench of this Court. He also submits that the applicant had been living a normal life, and police ofÏcials made no attempt to arrest him. Additionally, he submits that the applicant has been in jail since 24.01.2025, while some co-accused have been absconding since then, the conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application of the applicant and submits that the applicant had been absconding since the time of the incident and was eventually arrested on 24.01.2025, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused 3 the case diary. 6. Considering the facts and circumstances of the case, as the matter pertains to the year 2018 and the applicant has been absconding since the incident took place and arrested on 24.01.2025, there is every likelihood, that if he is granted bail, he will abscond again, and further, hamper the trial, and therefore, I am not inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant - Devidayal Yadav, involved in Crime No. 164/2018 registered at Police Station Sitapur, District – Surguja (C.G.), for the offence punishable under Sections 420, 509, 34 of the Indian Penal Code, is rejected. 8. However, the trial Court is directed to separate the trial of applicant from the co-accused persons who are absconding and to conclude the trial within a period of six months from the receipt of a certified copy of this order, in accordance with the law, if there is no legal impediment. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek