1 2025:CGHC:17920 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2649 of 2025 • Manish David S/o John Michale David Aged About 45 Years R/o Village- Dondi, Police Station And Tahsil- Dondi, District- Balod (C.G.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station- Rajpur, District- Balrampur-Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Malay Shrivastava, Advocate For State : Mr. Shashank Thakur, Dy. A.G. Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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.74/2025 registered at Police Station VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.24 15:45:40 +0530 2 Rajpur, District Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 420, 467, 468, 471, 34 of the IPC. 3. Case of the prosecution, in brief, is that the complainant Mohammad Kutubudhin has submitted a written report on 19/02/2024 that on 04/12/2023 an amount of Rs.5,667/- was debited and on 06/01/2024 an amount of Rs.295/- was debited from the account of the complainant and on enquiry it was came to the knowledge of the complainant that two vehicle has been financed in the name of the complainant. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He also submits that there is no evidence against the applicant to connect the applicant from the present crime in question. He further submits that the applicant is the manager of Bullet Showroom at Baikunthpur and the amount which was pre-deposited by the customers were send by the applicant in the accounts of the showroom. The applicant is in jail since 12.12.2024 and co- accused namely (Manish David) has already enlarged on bail by this Hon’ble Court in MCRC No. 2160 of 2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant is having no criminal 3 antecedent but looking to the aforesaid crime, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, also considering the fact that applicant have no previous criminal antecedent and co-accused namely (Manish David) has already enlarged on bail by this Hon’ble Court in MCRC No. 2160 of 2025 vide order dated 18.03.2025 and applicant is in jail since 12.12.2024 and trial are likely to take time, therefore, I am inclined to grant bail to the present applicant. 8. Let applicant, Manish David, involved in Crime No.74 of 2024 registered at Police Station – Rajpur District – balrampur- Ramanujganj, (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 of IPC be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 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 forthwith for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaishali