1 2025:CGHC:19992 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3363 of 2025 Sushil Suman S/o Basant Lal Aged About 28 Years R/o Village - Mughapara, Ward No.-04, Kosir, P.S. - Sarangarh, District Sarangarh-Bilaigarh, Chhattisgarh ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station - Baradwar, District - Sakti (C.G.) ... Non-Applicant For Applicant : Mr. Udho Ram Koshaley, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No - 04/2025, registered at Police Station – Baradwar, District - Sakti (C.G.) for the offence punishable under Sections – 420, 34 of Indian Penal Code. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.02 12:25:13 +0530 2 2. The case of the prosecution, is that, the complainant has made written complaint before the concerned Police Station that on 14.03.2024 at about 10.30 O’clock the accused persons have prepared pass book account of the complainant for providing finance loan from the Indusland bank and they have withdrawal of finance amount of Rs. 1,20,000/- without any intimation given to the complainant. Based upon such complaint, the Police has registered the offence punishable under Section 420, 34 of the Indian Penal Code against the present applicant and other accused persons. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the co-accused persons, namely, Ankit Gupta and Jitesh Kumar Chandra have already been granted bail by this Court vide order dated 08.04.2025 and 11.04.2025 passed in MCRC No. 2788/2025 and 2854/2025 respectively. It is further submitted that the applicant has no previous criminal antecedents. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 15.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the applicant but could not dispute the fact that the co-accused persons have already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused persons. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that co-accused persons, namely, Ankit Gupta and Jitesh Kumar Chandra have already been granted bail by this Court vide order dated 08.04.2025 and 11.04.2025 passed in MCRC No. 2788/2025 and 2854/2025 respectively. It is further submitted that the applicant has no previous criminal antecedents, further the applicant has no previous criminal antecedents, the charge-sheet has been filed against the applicant, the applicant is in jail since 15.01.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed. Let the applicant - Sushil Suman, involved in Crime No - 04/2025, registered at Police Station – Baradwar, District - Sakti (C.G.) for the offence punishable under Sections – 420, 34 of Indian Penal Code, 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 4 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 and proceed against him in accordance with law. 8. OfÏce 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 Preeti