1 2025:CGHC:18133 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3034 of 2025 Santoshi Netam D/o Ramayan Singh Aged About 25 Years R/o Village - Piperdeeh, Post - Amoudi, Police Station - Sarsiva, Tahsil - Bilaigarh, District Sarangarh-Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Station - Pithora, District - Mahasamund (C.G.) ... Respondent For applicant : Shri Jitendra Shukla, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. 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. 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.07/2025 registered at Police Station Pithora, District Mahasamund GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.24 15:56:41 +0530 2 (C.G.) for the offence punishable under Sections 318 (4) & 319 (2) of B.N.S. 3. Case of the prosecution, in brief, is that the complainant namely Aditya Kumar Dubey made complaint before the concerned Police Station stating therein that the present applicant with other co-accused persons have taken the money stating to the complainant that his father got accident and for treatment, need of some amount. On the basis of which, the complainant transferred the amount of Rs.7,27,000/- in the account of other co-accused persons between the period of 25-12-2024 to 12-01-2025. On the basis of said complaint, the police has registered the crime and filed the charge sheet before the concerned Court. 4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that in the FIR the name of present applicant has not been mentioned and there is no any transaction made by the complainant in the account of present applicant. He would submit that the present applicant has not used the mobile number in this crime, all the transaction and mobile number used by the other co-accused persons and the present applicant has been made accused only of the memorandum of other co-accused persons, the applicant is in jail since 16-01-2025 and charge sheet has already been filed, 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 would submit that the main accused is Sadanand and the 3 applicant has facilitated in the crime in question. She would submit that there is no previous criminal antecedent against the present applicant. 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, considering the fact that the applicant is said to have facilitated in the crime in question, no recovery of money etc. has been made from the applicant, there is no previous criminal antecedent against the present applicant, period of detention of the applicant since 16/01/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant-Santoshi Netam, involved in Crime No.07/2025 registered at Police Station Pithora, District Mahasamund (C.G.) for the offence punishable under Sections 318 (4) & 319 (2) of B.N.S, be released on bail on her 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may 4 proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri