1 2025:CGHC:18595 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3135 of 2025 Narayan Baghel S/o Late Gadruram Baghel Aged About 50 Years R/o Village Sonarpal, Matidevpara, P.S. Bhanpuri, District Bastar (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station Bhanpuri Jagdalpur District Bastar (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pravin Kumar Tulsyan, Advocate. For Respondent(s) : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/04/2025 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. 117/2024 registered at Police Station Bhanpuri Jagdalpur District Bastar (C.G.) for the offence punishable under Sections 420, 467, 468, 471/34 of the Indian AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Penal Code. 2. Case of the prosecution, in brief, is that present applicant along with other co-accused had taken Rs.01,70,000/- (One lakh Seventy thousand) from the complainant, namely, Chumman Ram Baghel on the pretext of getting him a job of Peon and thus committed the alleged offence. The police have registered the F.I.R. against the present applicant and other co accused, namely, Abhijeet Pratap Singh. The Police have arrested the present applicant and filed the charge-sheet in the competent court of law. 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 the applicant had taken loan from the complainant to fulfill his financial requirements of co- accused, Abhijeet Pratap Singh, however, when the co-accused failed to return the said amount to the applicant and issued cheque bearing No.16453, dated 25.06.2025, drawn on Bank of India in favor of the applicant for an amount of Rs.7,00,000/-. The said cheque was dishonored due to insufÏcient funds, consequently, the applicant has filed a criminal complaint Case No.538/2022 under Section 138 of Negotiable Instrument Act, which is pending. He also submits that the said co-accused, namely, Abhijeet Pratap Singh has already been granted bail by learned trial Court vide order dated 10.03.2025. The applicant is in jail since 21.02.2025, the applicant has two criminal antecedents under the IPC, out of which, in one case under Section 498-A of IPC, applicant has 3 already been acquitted and in another case under the IPC, applicant is on bail, further 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 the applicant along with other co-accused are alleged to have taken Rs.01,70,000/- (One lakh Seventy thousand) from the complainant, namely, Chumman Ram Baghel on the pretext of getting him a job on the post of Peon, further applicant has two criminal antecedents, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 21.02.2025, the fact that though the applicant alongwith other co-accused are alleged to have taken Rs.01,70,000/- (One lakh Seventy thousand) from the complainant, namely, Chumman Ram Baghel on the pretext of getting him a job on the post of Peon, but applicant has two criminal antecedents, out of which, in one case under Section 498-A of IPC, applicant has already been acquitted and besides this case, applicant has only one case pending against him, in which, he is on bail, further 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. 4 7. Let the Applicant-Narayan Baghel, involved in Crime No. 117/2024 registered at Police Station Bhanpuri Jagdalpur District Bastar (C.G.) for the offence punishable under Sections 420, 467, 468, 471/34 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 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 5 and proceed against him in accordance with law. 8. However, it will be open for the prosecuting agency to initiate prosecution against the complainant of the present case also who claims to have been cheated by the applicant herein, as the conduct of the complainant amounts to give bribe for obtaining employment through illegal mode. 9. 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