1 2025:CGHC:18366 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3079 of 2025 Jitesh Kumar Chandra S/o Late Arjun Singh Chandra Aged About 28 Years Caste Chandranahu, R/o Village Chandeladih, P.S. Malkharoda, District Sakti (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through District Magistrate Sakti, District Sakti (C.G.) ... Respondent(s) For Applicant(s) : Mr. Tapan Kumar Chandra, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, 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. 08/2025 registered at Police Station Malkharoda, District Sakti (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Section 420, 234 of the Indian Penal Code. 3. Case of the prosecution, in brief, is that the complainant, namely, Ran Singh Sonwani filed a written complaint alleging that on 02.01.2024 present applicant came to the house of complainant and asked for sanctioning loan from Indusland Bank sum of Rs. 1,00,000/-. The loan was deposited in the account of complainant but without his consent the amount was withdrawn. During the investigation applicant has been arrested on 28.01.2025. 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 applicant is neither agent nor employee of any Bank or Finance Company. The applicant is in jail since 28.01.2025, the applicant has two criminal antecedents of the year 2024 under the IPC, out of which, in one case, applicant has been granted bail and one case is pending, 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 alongwith other co-accused persons are alleged to have committed fraud with the complainant, they sanctioned loan in the name of complainant of Rs.1,00,000/- and withdrawn the same without his consent, therefore, he is not entitled for grant of bail. 3 6.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 28.01.2025, the fact that the applicant alongwith other co- accused persons are alleged to have committed fraud with the complainant, they sanctioned loan in the name of complainant of Rs.1,00,000/- and withdrawn the same without his consent, so far as criminal antecedents of the applicant are concerned, applicant has two criminal antecedent of the year 2025 under the IPC, out of which, in one case, applicant has been granted bail and one case is pending, 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. 8. 8. Let the Applicant-Jitesh Kumar Chandra, involved in Crime No. 08/2025 registered at Police Station Malkharoda, District Sakti (C.G.) for the offence punishable under Section 420, 234 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 4 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 and proceed against him in accordance with law. 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