1 2025:CGHC:18367 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3076 of 2025 Domendra Shrivas S/o Hemlal Shrivas Aged About 29 Years R/o Village Bargaon, P.S. Dongargaon, District Rajnandgaon (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Arjunda, District Balod (C.G.) ... Respondent(s) For Applicant(s) : Mr. Anuj Kumar Pandey, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/04/2025 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. 208/2024 registered at Police Station Arjunda, District Balod (C.G.) for the offence punishable under Sections 420 of the Indian Penal Code. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 3. Case of the prosecution, in brief, is that the complainant, namely, Tikendra Prasad Shrivas lodged a report before the Police Station Arjunda alleging therein that the applicant assured of getting him a government job in the post of Clerk at Collectorate Department. In pursuance of the said promise, the complainant gave Rs. 4,30,200/- to the applicant via Phone Pay and later on after making so many requests, the applicant has returned only Rs. 65,000/- to the complainant. On account of non-payment of the remaining Rs.3,62,200/- the complainant had lodged this present FIR. Therefore, offence under sections 420 of the IPC was registered against the present applicant and subsequently he was arrested. Hence, the bail application. 4. 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 there was only a monetary transaction between the applicant and complainant Tikendra Prasad Shrivas, when the applicant failed to pay the money, he was implicated as an accused in the case. The applicant is in jail since 03.02.2025, the applicant has no criminal antecedent, 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. 5. 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 is alleged to have taken Rs. 4,30,200/- from the complainant for assuring him a post of Clerk at Collectorate Department, therefore, he is not 3 entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 03.02.2025, the fact that though the applicant is alleged to have taken Rs. 4,30,200/- from the complainant for assuring him a post of Clerk at Collectorate Department, but he has no criminal antecedents and 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. 8. Let the Applicant-Domendra Shrivas, involved in Crime No. 208/2024 registered at Police Station Arjunda, District Balod (C.G.) for the offence punishable under Sections 420 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. 4 (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. 9. 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. 10. 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