1 2025:CGHC:22195 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2859 of 2025 Subhash Chaudhari S/o Kedar Chaudhari, Aged About 30 Years, R/o - Halmukam Bhatapara Krishna Colony, Parsuram Ward Bhatapara, Thana-Bhatapara Sahar, Distt.- Balodabazar-Bhatapara, Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through- Thana- Bhatapara Sahar, Distt.- Balodabazar-Bhatapara Chhattisgarh. --- Non-applicant MCRC No. 3237 of 2025 Kuleshwari Sahu D/o Ashvani Kumar Sahu Aged About 19 Years R/o. Village- Amaldihi, P.S. - Lormi, District- Mungeli, Chhattisgarh. ---Applicant Versus 2 State Of Chhattisgarh Through, Station House Officer Bhatapara, District- Baloda-Bazar Bhatapara, Chhattisgarh. --- Non-applicant For Applicants : Mr. Krishna Kumar Khatri and Mr. Ayush Lall, Advocates For Non-applicant/State : Mr. Sangharsh Pandey, G.A. Hon'ble Mr. 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 applicants who have been arrested in connection with Crime No. 139/2025 registered at Police Station – Bhatapara District Baloda-Bazar (C.G.) for offence punishable under Sections 318(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution’s case, the present applicants/accused persons fraudulently took an amount of Rs. 31,000/- from the complainant Poornima Sahu on the pretext of giving her job under ‘Good Way Indian Fashion Pvt. Ltd.’ company and thereby, committed the aforesaid offence. 3. Learned counsel for the applicants submit that the applicants are innocent and they have falsely been implicated in the aforesaid offence. They would further submit that the applicants are in jail 3 since 13/03/2025 and the trial is likely to take some time, therefore, they be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that charge-sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Having heard the submissions made by learned counsel for the parties and considering the facts and circumstances of the case and further considering that charge-sheet has been submitted and the applicants are in jail since 13/03/2025 and conclusion of trial will take some time and there are no criminal antecedents of the applicants, I am of the considered opinion that the applicants be released on bail. 7. Let the applicants, Subhash Chaudhari and Kuleshwari Sahu, involved in Crime No. 139/2025 registered at Police Station : Bhatapara, District – Baloda Bazar (C.G.) for the offence punishable under Sections 318(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are 4 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 5 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 Harneet