1 2025:CGHC:16489 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2763 of 2025 Bhupendra Sen S/o Vishnu Sen Aged About 40 Years R/o Surya Namaskar Resident Of Surya Namaskar Chowk, Kurud, Police Station Kurud, District Dhamtari (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police, Station Kurud, District Dhamtari (C.G.) ... Respondent(s) For Applicant(s) : Mr. Arun Kumar Shukla, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/04/2025 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. 605/2022 registered at Police Station Kurud, District Dhamtari (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Section 420, 34 of the Indian Penal Code. 3. Case of the prosecution, in brief, is that the complainant Smt. Damin Mahar lodged report, alleging therein that the applicant is the Proprietor of Bihan Yojna Bazar Umarda Road, Kurud and in the year 2019 the applicant informed about scheme to the complainant for providing subsidy upon purchase of E-Auto Rickshaw. On the basis of said scheme, the complainant paid Rs. 60,000/- to the applicant, whereas the other beneficiaries, namely, Bharti Sahu given Rs. 20,000/-, Menka Sahu given Rs. 60,000/-, Meena Sahu given Rs. 70,000/-, Chandrika Dhruw given Rs. 35,000/-, Kevra Sahu given Rs. 50,000/-, Shail Kumari Sahu given Rs. 30,000/-, Mineshwari Sahu given Rs. 30,000/- and thus total Rs. 3,55,000/- have been given by the complainant and other beneficiaries to the applicant, but no such E-Rickshaw has been provided by the applicant. Based on which, aforesaid offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 4. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the government project of E- Rickshaw and Machines were to be supplied to the different Swa- Sahayata Samuh, for which, the Bihan OfÏcer, namely, Ganesh Yadav has filled the form on behalf of complainant and other beneficiaries, the present applicant is only authorized to supply Auto Rickshaw to the beneficiaries and according to the said direction, applicant has supplied the E-Rickshaw to the beneficiaries as 3 nominated by the Bihan OfÏcer Ganesh Yadav. He also submits that the applicant has neither obtained any amount from the complainant or other beneficiaries for providing E-Auto Rickshaw, nor committed any fraud or cheating with complainant. The applicant is in jail since 23.12.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that applicant had taken Rs.3,55,000/- from the complainant and other beneficiaries for supplying E-Auto Rickshaw, but no E-Auto Rickshaw has been provided to the complainant and other beneficiaries, further applicant has one criminal antecedent of identical nature, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 23.12.2024, the fact that though the applicant is alleged to have committed fraud with the complainant and other beneficiaries of Rs.3,55,000/- in the name of providing E-Rickshaw, but the applicant has only one criminal antecedent pending against him, which is of identical nature, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 8. 4 8. Let the Applicant-Bhupendra Sen, involved in Crime No. 605/2022 registered at Police Station Kurud, District Dhamtari (C.G.) for the offence punishable under Section 420, 34 of IPC, be released on bail on his furnishing a 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 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail 5 and proceed against him in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil