1 2025:CGHC:19983 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3381 of 2025 1. Rajkumar Kurre S/o Late Prabhu Ram Kurre Aged About 43 Years Caste - Satnami, R/o Village Aurda, Police Station Kharsiya, District Raigarh Chhattisgarh. 2. Lakhanlal Denjare S/o Abhay Ram Denjare Aged About 35 Years R/o Village Singhra, Police Station Malkharauda, District Sakti Chhattisgarh. ... Applicants versus State of Chhattisgarh Through District Magistrate, Sakti / Station House OfÏcer, Police Station Baradwar, District Sakti Chhattisgarh. ... Non-applicant For Applicants : Mr. Dharmesh Shrivastava, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.05.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 20/2025 registered at Police Station Baradwar, District Sakti (C.G.), for the offences punishable under Sections 318(4), 338, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.02 12:53:58 +0530 2 336(3), 238, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant, Kishor Kumar Banjare, Mining OfÏcer, was directed by the ofÏce of the Collector (Mining Section), Sakti, to lodge an FIR regarding forged documents. Accordingly, he appeared before Police Station Baradwar, District Sakti (C.G.), and filed a written complaint against applicant No. 1, alleging that the applicant had prepared a forged permission letter bearing the forged signature of the Collector and District Magistrate, District Sakti, purportedly granting permission to transport fly-ash dust. Based on the complaint, Police Station Baradwar registered a case bearing Crime No. 20/2025 under Sections 318(4), 338, and 336(3) of the Bharatiya Nyaya Sanhita, 2023, against Applicant No. 1, and initiated an investigation. During the investigation, the police recorded the memorandum statement of applicant No. 1. Subsequently, based on this statement, other accused persons were taken into custody, and the police added Sections 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in the aforesaid case. He further submits that the present applicants are victims in this case, having been cheated by co-accused persons who provided a forged permission letter after taking a substantial amount of consideration. When they reached the ofÏce to undertake the transportation of fly-ash dust based on the permission letter, they were informed by the ofÏcer that the letter was forged. This indicates that the applicants are victims and have 3 been falsely implicated in the crime. He also submits that the police failed to seize any material from the applicants related to the alleged crime of using a forged permission letter for fly-ash dust transportation. This lack of evidence suggests that there is no clinching material against the applicants. He also submits that the applicants have no criminal antecedents and they are in jail since 25.01.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the present applicants have no criminal antecedents, moreover, the charge-sheet has already been submitted in the present case before the competent Court and the present applicants have been in jail since 25.01.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Rajkumar Kurre and Lakhanlal Denjare, involved in Crime No. 20/2025 registered at Police Station Baradwar, District Sakti (C.G.), for the offences punishable under Sections 318(4), 338, 336(3), 238, 3(5) of the Bhartiya Nyaya 4 Sanhita, 2023, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 5 opinion of the trial court absence of the applicants are 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 them in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek