1 2025:CGHC:18118 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2719 of 2025 Mohit Ram Chouhan S/o Lt. Dayalram Chouhan Aged About 60 Years R/o Bhajandipa, Mitthumuda P.S. - Jutmil Raigarh, District- Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station- Chakradhar Nagar, Distt.- Raigarh (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Manoj Kumar Jaiswal, Advocate For Non-Applicant(s) : Mr. Shashank Thakur, Dy. Advocate General Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 22.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 51/2025, registered at Police Station Chakradhar Nagar, District - Raigarh (C.G.), for the offence MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.24 18:21:09 +0530 2 punishable under Sections 318(4) and 319(2) of BNS, 2023. 3. Prosecution case in brief is that the applicant has taken money Rs. 80-80 Thousand from the complainants for provide loan to the construction of house as per Government Scheme and provide the service but same has been not done, the applicant cheated with the complainants. On the basis of the which, a crime was registered against the applicant under Sections 318(4) and 319(2) of B.N.S., 2023. 4. Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any offence as alleged by the prosecution and he is falsely implicated in the present case. It is further submitted that the applicant has three criminal antecedents out of which in two cases he has been acquitted and one is pending before the trial Court. He further submits that the charge-sheet has been submitted and the applicant is in jail since 28.01.2025. Therefore, he prays that the applicant be enlarged on bail. 5. On the other hand, the learned counsel for the State opposes the bail application and also endorse the submission made by the learned counsel for the applicant. He also submitted that charge-sheet has been filed therefore, he is not entitled to be released on bail. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant, further the charge-sheet has been filed before the competent Court and he is in jail since 28.01.2025, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let applicant, Mohit Ram Chouhan, involved in Crime No. 51/2025, registered at Police Station - Chakradhar Nagar, District - Raigarh (C.G.), for the offence punishable under Sections 318(4) and 319(2) of BNS, 2023, be released on bail on his furnishing personal bond with two 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 sufÏcient cause, the trial court may proceed against him under Section 269 of BNS. 4 (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 BNS. (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 lsiberty of bail and proceed against him in accordance with law. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Manish