1 2025:CGHC:19084 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3222 of 2025 Sushil Suman S/o Basant Lal Aged About 28 Years Caste Satnami, R/o Village Mughapara, Ward No. 04, Kosir, P.S. Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Malkharouda, District Sakti (C.G.) ... Respondent(s) For Applicant(s) : Mr. Udho Ram Koshaley, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/04/2025 1. 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. 08/2025 registered at Police Station Malkharouda, District Sakti (C.G.) for the offence punishable under Sections 420, 34 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that the complainant has made AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 written complaint before the concerned police station that on 06.01.2024 at about 10.30 O'clock the accused persons have issued bass book account of the complainant from the Induslnd bank for providing finance loan and they have withdrawal of finance amount of Rs. 2,00,000/- without any intimation given to the complainant. Based upon such complaint, the police has registered the offence punishable under section 420, 34 of the India Penal Code at Crime No. 08/2025 against the present applicant and others accused persons. Hence, the bail application. 3. 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 one of the identically situated co-accused, namely, Ankit Gupta has already been granted bail by this Court vide order dated 08.04.2025 in MCRC No.2788/2025. The applicant is in jail since 15.01.2025, 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. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that applicant has one criminal antecedent of identical nature, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 15.01.2025, also considering the fact that co-accused, namely, Ankit Gupta has already been granted bail by this Court vide order dated 08.04.2025 in MCRC No.2788/2025 and the case of present applicant is identical to that of the co-accused, so far as criminal antecedent of the applicant is concerned, applicant has only one criminal antecedent, which is identical in nature and 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. 7. Let the Applicant-Sushil Suman, involved in Crime No. 08/2025 registered at Police Station Malkharouda, District Sakti (C.G.) for the offence punishable under Sections 420, 34 of the 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 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 sufÏcient 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. 8. 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