1 2025:CGHC:25408 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3344 of 2025 Duj Ram Yadav S/o Jodhi Yadav Aged About 35 Years R/o Village Sajabahri, Out Post-Chaitma, Tahsil- Pali, Distt- Korba (C.G.) --- Applicant versus State Of Chhattisgarh Through SHO, Police Station- Balkonagar, Distt.- Korba (C.G.) --- Respondent MCRC No. 3976 of 2025 Sumit @ Somit Das Mahant S/o Santosh Das Mahant Aged About 28 Years R/o Village- Sajabahari, Outpost- Chaitma, Police Station- Pali, Tahsil And District- Korba, Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through- Station House Officer, Police Station- Balco Nagar, District- Korba (C.G.) --- Respondent For Applicant (in MCRC No. 3344/2025) : Mr. Samir Singh, Advocate. For Applicant (in MCRC No. 3976/2025) : Mr. Dharmesh Shrivastava, Advocate. For Respondent/State Mr. Hariom Rai, Panel Lawyer. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.19 17:19:49 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/06/2025 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail to the applicants who has been arrested in connection with Crime No. 405/2023 registered at Police Station Balco Nagar, District – Korba (C.G.) for the offence punishable under Sections 420, 467, 468, 471, and 34 of the Indian Penal Code, 1860. 3. Case of the prosecution, in brief, is that on 03.08.2023 the complainant namely, Manglesh Das has lodged the report that on 28.01.2020 the present applicant along with others have given assurance to providing the government job and received Rs. 7.50 Lacs, but they have not done and not return the said amount. So the Police registered the crime and arrested the applicants for the alleged commission of offence. 4. Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in the case. They further submitted that no allegations was levelled against the present applicants regarding cheating to the complainant or other victim persons and further, no amount has been received in the account of the applicants. It is further submitted the co-accused person, 3 namely, Gurucharan Das Panth have already been granted bail by the Trial Court. Further, the present applicants have no criminal antecedents, they are said to be in jail since 07.02.2025 and 05.04.2025 respectively and further the charge-sheet has been filed. Thus, looking to the above, it is prayed that the applicants may be enlarged on bail. 5. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that the applicants have no criminal antecedents and charge-sheet has been filed in this case. He further submits that the present applicant along with others have given assurance to providing the government job and received Rs. 7.50 Lacs, but they have not done and not return the said amount, hence they are not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicants and the fact that co-accused person, namely, Gurucharan Das Panth has already been granted bail by the Trial Court, further, the present applicants have no criminal antecedents, they are said to be in jail since 07.02.2025 and 05.04.2025 respectively and further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed. 8. Accordingly, the bail application is allowed. Let the Applicants - Duj Ram Yadav and Sumit @ Somit Das Mahant involved in 4 Crime No. 405/2023 registered at Police Station Balco Nagar, District – Korba (C.G.) for the offence punishable under Sections 420, 467, 468, 471, and 34 of the Indian Penal Code, 1860, be released on bail on his furnishing a 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 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 applicants 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 applicants 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 applicants shall remain present, in person, 5 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. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. 11. 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 giving bribe for obtaining employment through illegal mode. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti