1 2025:CGHC:17921 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2815 of 2025 • Ravi Soni S/o Late Vijay Soni Aged About 25 Years R/o Vishrampur, P.S. Vishrampur, District Surajpur (C.G.) ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, P.S. Rajpur, District Balrampur-Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Tarendra Kumar Jha, 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.74/2024 registered at Police Station VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.24 15:45:43 +0530 2 Rajpur, District Balrampur-Ramanujgan (C.G.), for the offence punishable under Sections 420, 467, 468, 471, 34 of IPC. 3. As per prosecution story in brief is that, complainant Kutubuddin lodged FIR on 19.02.2024 stated that on 04.12.2023 his SBI account debited of Rs. 5667/- for TVS Credit Service Ltd. and on 06.01.2024 debited Rs. 295 and when he came to bank at that time he know that in his name two bike has been financed of the rupees 1,53,717/- & 2,25,500/- but he has not been taken any bike. That, during the course of investigation the fact disclosed that co accused Wasim @ Bablu Champa obtained the document of the complainant for making of passport and the said document was used without his consent for finance of the bike. During the investigation applicant has been arrested on 08.02.2025 and after completion of investigation challan was filed. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He also submits that in the month of October, 2023 the complainant himself applied for loan. The applicant is in jail since 08.02.2025 and he also submits that applicant have no previous criminal antecedent 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 he is in jail since 08.02.2025 and trial are likely to take time, therefore, I am inclined to grant bail to the present applicant. 8. Let applicant, Ravi Soni, 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 local 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 Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 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