1 2025:CGHC:14592 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2415 of 2025 Narayan Baghel S/o Late Gadru Ram Baghel Aged About 50 Years R/o Matidevpara Village Sonarpal P.S. Bhanupuri District - Bastar (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Bhanpuri Jagdalpur District - Bastar (C.G.) ... Respondent(s) For Applicant(s) : Mr. Karan Kumar Baharani, Advocate. For Respondent(s) : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/03/2025 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 applicant who has been arrested in connection with Crime No. 116/2024 registered at Police Station Bhanpuri Jagdalpur District - Bastar (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 the applicant alongwith other co-accused persons had taken Rs.1,70,000/- from the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 complainant, namely, Dilip Kumar Kashyap on the pretext of providing job in the post of Peon at Education Department by preparing forged appointment letter, thus committed alleged offence and subsequently he alongwith other co-accused persons have been arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that one of the identically situated co-accused persons, namely, Pramod Mourya has already been granted regular bail by this Court vide order dated 12.02.2025 in MCRC No.1201/2025. The applicant is in jail since 21.02.2025, so far as criminal antecedents of the applicant are concerned, applicant has four criminal antecedents, out of which, in one case applicant has already been acquitted and rest of the three cases are of Istagashas, which have already been disposed of, 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 applicant. 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. He further submits that the applicant alongwith other co-accused persons were alleged to have committed fraud with the complainant of Rs.1,70,000/- on the pretext of providing job in the post of Peon at Education Department by preparing forged appointment letter, further applicant has three criminal antecedents, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused 3 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 21.02.2025, the fact that though the applicant alongwith other co-accused persons were alleged to have committed fraud with the complainant of Rs.1,70,000/- on the pretext of providing job in the post of Peon at Education Department by preparing forged appointment letter, but one of the co-accused persons, namely, Pramod Mourya has already been granted regular bail by this Court vide order dated 12.02.2025 in MCRC No.1201/2025 and the case of present applicant is similar to that of the co-accused, so far as criminal antecedents of the applicant are concerned, applicant has four criminal antecedents, out of which, in one case applicant has already been acquitted and rest of the three cases are of Istagashas, which have already been disposed of, besides these cases, applicant has no other criminal antecedents against him, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Narayan Baghel, involved in Crime No. 116/2024 registered at Police Station Bhanpuri Jagdalpur District - Bastar (C.G.) for the offence punishable under Sections 420, 467, 468, 471/34 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:- 4 (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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil