-1- 2025:CGHC:19030 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2690 of 2025 Bhaskar Singh Kanwar S/o Late Shri Arjun Singh Kanwar Aged About 40 Years R/o Parsahu Sadak Para, Police Station Akaltara, District Janjgir Champa Chhattisgarh ...Applicant (s) versus State Of Chhattisgarh Through P.S. Balco, District Korba Chhattisgarh ... Respondent(s) For Applicant : Ms. Varsha Sarthi and Mr. Pravesh Sahu, Advocates For State : Mr. Rajeev Bharat, Govt. Advocate For Objector : Mr. Sanjay Kumar Yadav, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 28/04/2025 1. Applicant has filed this bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular bail as he was arrested in connection with Crime No.47 of 2024 registered at Police Station –Balco, District- Korba (CG) for offence punishable under Sections 420, 467, 468, 471 of IPC. 2. Case of the prosecution, in brief, is that applicant deceived Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.04.29 14:00:37 +0530 -2- complainant that he will provide job in the SECL, procured Rs. 10,00,000/- from complainant and also issued fake and forged appointment letter. When complainant went to SECL office, he was informed that appointment letter which was brought by him is forged and fabricated. No such advertisement has been issued by department. When complainant demand the amount paid to applicant, he issued a cheque of Chhattisgarh Rajya Gramin Bank of Rs. 2,84,000/-. Based on the report, aforementioned crime was registered and applicant was arrested on 22.02.2024. 3. Learned counsel for the applicant submits that this application is filed on the ground of delay in trial. It is contention of learned counsel for the applicant that applicant is in jail since 22.02.2024 and thereby he has completed about 1 year and 2 months of pre-trial detention. There is no other criminal antecedent of applicant, hence, he may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes the submission of learned counsel for the applicant. He submits that there is prima facie material against the applicant of committing alleged offence. Therefore, he is not entitled for grant of bail. 5. Learned counsel appearing for the objector also opposes the submission of learned counsel for the applicant and would submit that applicant has also issued a cheque of the amount which was paid to him on the pretext of providing government job, however, applicant has asked not to deposit the cheque in -3- the bank for its clearance as there was insufficiency of funds in applicant's account and only thereafter report was lodged in the concerned police station. 6. I have heard learned counsel for the parties and also perused the documents placed along with the bail application. 7. Taking into consideration the submissions of learned counsel for the respective parties, nature of allegation and further considering that there is no other criminal antecedent of applicant, he is in jail since 22.02.2024, trial may take some time for its conclusion, without commenting anything on merits of case, I am inclined to allow the application. 8. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that:-. “(a) 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. (b) 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 269 of Bharatiya Nyaya Sanhita. -4- (c) 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. (d) 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.” 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/--/---/-/- (Parth Prateem Sahu) Judge Praveen