1 2025:CGHC:18132 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3037 of 2025 Haldhar Behra Aged About 35 Years S/o Lt. Chakradhar Behra R/o Village - Dharamjaygarh, District - Raigarh Chhattisgarh ... Applicant versus The State Of Chhattisgarh Through The Station House Officer, Police Station - Civil Line- Raipur Chhattisgarh ... Respondent For applicant : Shri Neeraj Mehta, Advocate. For Respondent/State : Shri Shashank Thakur, Dy.A.G. 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.54/2025 registered at Police Station Civil Line, Raipur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 of IPC. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.24 15:59:21 +0530 2 3. Case of the prosecution, in brief, is that a complaint was filed by the complainant, alleging that the applicant along with other co-accused persons, had informed the complainant that they could secure a govt. job for her. Further, it has been alleged that the present applicant, along with co-accused persons, induced her to fill out a form for the post of Food Inspector and subsequently demanded an amount of Rs.25,00,000/- which the complainant paid in different installments time to time. In-spite of that the accused persons could not provide the so- called job to the complainant, upon this the complainant has lodged a report against the accused persons. 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 the applicant has no relation with the complainant in this case and the name of the present applicant is not mentioned in the FIR and the complainant has not mentioned about any role regarding the involvement of the applicant in this case. He would submit that there is no allegation against the applicant in the entire complaint regarding demanding of money from the complainant. He would further submit that one of the co-accused, namely Piyusha Joshi, has been granted anticipatory bail vide MCRCA No. 310/2025 on 5/03/2025 and there is no criminal antecedent against the present applicant, he is in in jail since 05/02/2025, 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 there is no previous criminal antecedent against the present applicant. 6. I have heard learned counsel appearing for the parties and perused the 3 case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, considering the fact that one of the co- accused, namely Piyusha Joshi, has been granted anticipatory bail vide MCRCA No. 310/2025 on 5/03/2025, there is no previous criminal antecedent against the present applicant, period of detention of the applicant since 05/02/2025 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-Haldhar Behra, involved in Crime No.54/2025 registered at Police Station Civil Line, Raipur (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 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 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 during trial 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri