1 2025:CGHC:18139 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3061 of 2025 • Ajay Kumar Bavariya S/o Shri Arjun Prasad Bavariya Aged About 34 Years Resident Of Bazarpara, Koriya Colliery, Chirmiri, Police Station Chirmiri, District Mahendragarh- Chirmiri-Bharatpur (C.G.) ... Applicant versus • State Of Chhattisgarh Through- Station House Officer, Police Of Police Station Chirmiri, District Mahendragarh-Chirmiri- Bharatpur (C.G.) ... Non-applicant For Applicant : Mr. Anil Kumar Gulati, Advocate For State : Mr. Malay Jain, Panel Lawyer 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.306 of 2024 registered at Police Station : Chirmir District – Manendragarh-Chirmiri-Bharatpur VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.24 17:16:44 +0530 2 for the offence punishable under Sections 420, 34 of the Indian Penal Code. 3. The prosecution case, in brief, is that the FIR was lodged by the complainant Dinesh Pratap alleging in it that his father was working in the SECL Chirmiri and he retired in the year-2018 from the SECL and the applicant along with his father resides in the same locality and the father of applicant was also working in the SECL who also retired in the year 2021. It is alleged that the applicant and his father assured the complainant to provide the job to him in SECL and the applicant and his father received the amount of sum of Rs. 2,50,000/- through cheque and thereafter a sum of Rs.7,00,000/- has been given on 03-02-2020 through cheque and sum of Rs.2,00,000/- in a cash at different-different time, but no job has been provided by the complainant, hence the complainant lodged the report against the applicant and his father and on the basis of complainant, the police has registered the crime under Section 420 read with Section 34 of IPC. 4. It has been argued by learned Advocate for the applicant that the applicant has been falsely implicated in the present case. He further argued that the amount was borrowed by the applicant as the applicant opened the shop in the year 2019 at Haldibadi, Chirmiri but because of the covid there was huge loss and when the complainant demanded the money, the applicant paid the money on different-different date via phone pay and total sum of Rs.3,75,795/- was returned from the applicant to the complainant and the applicant is in jail since 28.02.2025 and 3 conclusion of trial will take some time, therefore, he prays that the applicant be enlarged on bail. 5. Learned State counsel also opposes the bail application and submitted that applicant have one previous criminal antecedent for the offence punishable under Section 306 and 376 of IPC and the applicant was on bail and the case is pending before the Court of learned Additional Sessions Judge, Chirmiri, District- Koriya (C.G.) for recording of the evidence on 22.04.2025. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstance of the case, nature and gravity of offence and also considering the fact that the applicant have one previous criminal antecedent for the offence punishable under Section 306 and 376 of IPC and the applicant was on bail in aforesaid offence and trial is likely to take sometime for its conclusion and the applicant is in jail since 28.02.2025, I am of the opinion that the applicant is entitled to be released on bail in this case. 8. Let applicant, Ajay Kumar Bavariya, involved in Crime No. 306 of 2024 registered at Police Station-Chirmiri District – Mahendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 420, 34 of the Indian Penal Code, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 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 concerned forthwith for necessary information and compliance. sd/- (Ramesh Sinha) Chief Justice vaishali