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2025 DAILYLAW 18666 (CHH)

JITESH KUMAR CHANDRA v. STATE OF CHHATTISGARH

MCRC/3255/2025 · 2025-05-19

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Judgment text

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1 2025:CGHC:22215 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3255 of 2025 1 - Jitesh Kumar Chandra S/o Late Arjun Singh Chandra Aged About 28 Years Caste Chandra, R/o Village Chandeladih, P.S. And Tahsil Malkharoda, District Sakti, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Jaijaipur, District Sakti, Chhattisgarh. ... Non-Applicant For Applicant : Shri T.K. Jha and Shri Tapan Kumar Chandra, Advocates For Non-Applicant : Shri Jitendra Shrivastava, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.5.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 Digitally signed by GOPAL SINGH Date: 2025.05.21 11:57:14 +0530 2 for grant of regular bail, as he has been arrested in connection with Crime No. 08/2025, registered at Police Station Jaijaipur, District Sakti (Chhattisgarh) for offences punishable under Sections 420, 34 of the Indian Penal Code. 2. The case of the prosecution, in brief, is that the complainant filed a written complaint stating that on 3.1.2024 Branch Manager of Bharat Finance Champa, namely, Ankit Kumar Gupta, Sushil Suman and the present applicant came to the house of the complainant and asked for sanction of loan from IndusInd Bank amounting to Rs.1,00,000. The loan amount was deposited in the account of complainant, but, without his consent the amount was withdrawn. During the investigation, the applicant has been arrested on 24.3.2025 for the offences punishable under Sections 420, 34 of the Indian Penal Code. 3. It is argued by learned counsel appearing for the applicant that the applicant has been falsely implicated in the case. The applicant only introduced the complainant with the Branch Manager. Three cases are registered against the applicant for similar offences, out of which, he has been granted bail in two cases. He is in jail since 24.3.2025. Charge-sheet has not been filed. Trial is likely to take some time for its conclusion. Therefore, it is prayed that the applicant may be granted regular bail. 4. On the other hand, learned counsel appearing for the State opposes the bail application and submits that in addition to 3 the present case, two cases are already registered against the applicant. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegation levelled against the applicant and the fact that the applicant has already been granted bail in two cases of similar offences, he is in jail since 24.3.2025, conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the applicant. 7. Let applicant, Jitesh Kumar Chandra, involved in Crime No. 08/2025, registered at Police Station Jaijaipur, District Sakti (Chhattisgarh) for offences punishable under Sections 420, 34 of the Indian Penal Code, be released on regular bail on furnishing 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. 4 (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 his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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. 8. Office is directed to provide a certified copy of this order to the 5 trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Gopal Singh