1 2025:CGHC:13616 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2242 of 2025 Tejnath Dewangan S/o Dewnath Dewangan, Aged About 38 Years, R/o Ward No. 15, Ramnagar, Doundilohara, Balod, Present Address Ramatola, P.S. Dongargaon, District Rajnandgaon, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through S.H.O. Balod, District Balod, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Shikhar Bakhtiyar, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Deputy Advocate General. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 21/03/2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 140/2024, registered at Police Station – Balod, District Balod, (C.G.) for the offence punishable under Section 420 of the Indian Penal Code. 2 The case of the prosecution, in brief, is that the present applicant received Rs.13,97,450/- from the complainant and another person in exchange for providing building materials. However, after receiving the money, the applicant failed to deliver the building materials, prompting PREETI KUMARI Digitally signed by PREETI KUMARI 2 the police to file a report against the applicant. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant has a shop in which he kept the building material and he has supplied the material to the complainant, the present applicant has not cheated any one and due to the shortage of supplies, he was not able to provide material to the complainant. He further submits that the complainant has not produced any documentary evidence which shows that applicant has taken Rs.13,97,450/- from him and the case is purely civil in nature. He further submits that Further the charge-sheet has been filed and the applicant is in jail since 05.12.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. He further submits that the present applicant received Rs.13,97,450/- from the complainant and another person in exchange for providing building materials. However, after receiving the money, the applicant failed to deliver the building materials, further the applicant is having one previous case, therefore the bail application of the present application is liable to be rejected. 5 I have heard learned counsel for the parties and perused the documents available on record. 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 present applicant has a shop in which he kept the building material and he has supplied the material to the complainant, due to the shortage of supplies, he was not able to provide material to the 3 complainant, further the complainant has not produced any documentary evidence which shows that applicant has taken Rs.13,97,450/- from him and the case is purely civil in nature, furthermore the applicant has one previous criminal antecedents, the charge-sheet has been filed and he is in jail since 05.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Tejnath Dewangan, involved in Crime No. 140/2024, registered at Police Station – Balod, District Balod, (C.G.) for the offence punishable under Section 420 of the Indian Penal Code, be released on bail on his 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 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 4 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 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti