1 2025:CGHC:22205 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2626 of 2025 Dwarika Sahu S/o Dilip Sahu Aged About 23 Years R/o Firangi Para, Kota, Thana Kota, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through- P.S.- Kota, Distt.- Bilaspur (C.G.) ...Respondent For Applicant : Mr. J.K. Gupta, Advocate. For Non-applicant/State : Ms. Pragya Shrivastava, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 20.05.2025 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. 183/2025 registered at Police Station Kota, District Bilaspur (C.G.), for the offences punishable under Section 318(4), 336(3), 316(5) of the Bhartiya Nyaya Sanhita, 2023 and 66 (c) of I.T. Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.05.21 11:02:06 +0530 2 2. As per prosecution story in short the complainants Deepak Purti, Shukchand Puri, Dushyant and Ompuri lodged separate report in respect of the allegation that the present applicant along with other co- accused, misuse their Identity Card and allotted the Mobile SIM Card on their name and misappropriate the same obtained the amount from bank account. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that applicant was employee of mobile shop, there is no specific roll of applicant, even no any transaction in back account of the present applicant and charge sheet in this case has been filed, where in no any recovery from the present applicant. The applicant is in jail since 03.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 03.03.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the 3 present applicant. 7. Let the Applicant – Dwarika Sahu, involved in Crime No. 183/2025 registered at Police Station Kota, District Bilaspur (C.G.), for the offences punishable under Section 318(4), 336(3), 316(5) of the Bhartiya Nyaya Sanhita, 2023 and 66 (c) of I.T. Act, be released on bail on his furnishing 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 his 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. 4 (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. Office 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 vaibhav