1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2490 of 2025 • Rajnish Kumar Jain S/o Late Punam Chand Jain Aged About 68 Years R/o Ward No. 7, Vivekanand Market, Police Station Chichali, District Narsingpur (M.P.) --- Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Mandir Hasaud, District Raipur, (Chhattisgarh) --- Non-applicant (Cause title is taken from Case Information System) For Applicant : Mr. Sandeep Yadav, Advocate For Non-applicant : Mr. Shaleen Singh Baghel, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/03/2025 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. 643/2024 registered at Police Station Mandir Hasaud, District Raipur, (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2) VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.29 15:44:25 +0530 2 and 3(5)of BNS. 2. Case of the prosecution, in brief, is that the applicant along with other co-accused persons, prepared forged documents such as a will and death certificate of the complainant Mrs. Kamlesh Jain and attempt to transfer her property situated at Village – Tandul, PHN -20, RNM- Mandir Hasaud, Arang, District – Raipur (C.G.) to his name. On the complaint the police has registered the FIR against the present applicant and other co-accused persons, during the investigation the police has seized the forged documents and sent to hand writing expert for verification and the accused persons have been arrested for offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2) and 3(5) of BNS. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in offence in question. The applicant is in jail since 14.12.2024. The charge-sheet has been filed and no further investigation is required, however, conclusion of the trial is likely to take some time. He further submitted that co- accused namely Sanjay Kumar Jain has already been granted bail by this Hon’ble Court in M.Cr.C. No. 1763 of 2025 vide order dated 05.03.2025 and as such, on the ground of parity, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application. 5. I have heard learned counsel appearing for the parties and 3 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, the fact that the conclusion of the trial may take some time and further that one of the co-accused namely Sanjay Kumar Jain has already been granted bail by this Hon’ble Court in M.Cr.C. No. 1763 of 2025 vide order dated 05.03.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Rajnish Kumar Jain, involved in Crime No. 643/2024 registered at Police Station Mandir Hasaud, District Raipur, (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2),61(2) and 3(5) of BNS, be released on bail on his furnishing a personal bond with two local 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 sufficient cause, the trial court may proceed against him under Section 4 269 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 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 hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law within a period of six months , if there is no legal impediment. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali