1 2025:CGHC:13395 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2234 of 2025 1 - Madan Lal Kanwar S/o Bir Saye Kanwar Aged About 27 Years R/o Village- Fulsari, P.S. - Shyang, District- Korba (C.G.) 2 - Chamar Singh S/o Joidha Ram Kanwar Aged About 27 Years R/o Village- Fulsari, P.S. - Shyang, District- Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station- Shyang, District- Korba (C.G.) ... Respondent(s) For Applicant(s) : Mr. Krishna Kumar Dewangan, Advocate. For Respondent(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/03/2025 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 applicants who have been arrested in AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 connection with Crime No. 28/2024 registered at Police Station Shyang, District- Korba (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that two years ago, the applicant's mother, Smt. Rangmoti, passed away. The applicant went to the Punjab Bank, Niharika branch, to transfer her mother's passbook to her father's name, Tandul. Before the transfer, the bank verified the passbook and found only Rs.1/- in the account. They decided not to transfer the account. The applicant then visited the Tendupatta Sangrahan Samiti, Kolga, and met with the manager, Taruna Rathiya. Taruna informed the applicant that her mother had nominated Madan Lal Kanwar as the beneficiary, and therefore, Rs.2,00,000/- from the Tendupatta insurance scheme had been transferred to Madan Lal's account. The complainant questioned Madan Lal and Chamarsingh about the transfer, and they provided the same explanation. Later, the applicant discovered that Madan Lal and Chamar Singh had allegedly forged documents and misappropriated Rs.2,00,000/- insurance amount. Thereafter, aforesaid offence has been registered against the applicant and subsequently they have been arrested. Hence the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that Rangmoti passed away on November 15, 2021, and applicant No. 2 was the nominee for the Mahendra Karma Insurance Policy issued in Rangmoti's name. After Rangmoti's death, applicant No. 1, who was also a nominee, 3 filed an insurance claim, and the insured amount of Rs.2,00,000/- was transferred to applicant No. 1's bank account. Applicant No. 1 later returned the entire insured amount of Rs.2,00,000 to Nirmala, the complainant, and a panchnama was prepared to record this transaction, which is now part of the challan. The applicants are in jail since 09.12.2024, the applicants have 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 applicants. 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. She further submits that applicants had allegedly forged documents and misappropriated Rs.2,00,000/- insurance amount, therefore, they are 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 09.12.2024, the fact that though the applicants had allegedly forged documents and misappropriated Rs.2,00,000/- insurance amount, but applicants have no criminal antecedents and charge- sheet has been filed, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants-Madan Lal Kanwar and Chamar Singh, involved in Crime No. 28/2024 registered at Police Station Shyang, 4 District- Korba (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 of the Indian Penal Code, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance 5 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