1 2025:CGHC:22207 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3492 of 2025 Jaiprakash Palke S/o Malikram Palke Aged About 19 Years R/o Devarihapara, Ward No. 4, Kargi Road Kota, P.S. Kota, District Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through S H O P.S. Kota, District Bilaspur, Chhattisgarh. ... Respondent For Applicant : Mr. Varunendra Mishra, Advocate. For Non-applicant/State : Ms. Pragya Shrivastava, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 20.05.2025 Heard, 1. Mr. Varunendra Mishra, Advocate appearing for the applicant submits that he has filed his power/vakalatnama today itself on behalf of the applicant. 2. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.05.21 11:02:06 +0530 2 applicant who has been arrested in connection with Crime No. 183/2025 registered at Police Station Kota, District Bilaspur (C.G.), for the offences punishable under Section 318(4), 336(3), 316(5) of the Bhartiya Nyaya Sanhita, 2023 and 66 (c) of I.T. Act. 3. As per prosecution story on 02/03/25 the FIR informant Nikhil Puri has filed a written complaint against the accused Anshu Shrivas before the Kota police and stated that, he is resident of Patharra- Ganiyari and he is student, today he knew that the Anshu Shriwas, agent of the mobile shop has misused his documents and taken a sim of Airtel company no. 6232016287 & 8109714387, he is using of fraudulently his identification and sim is used for unlawful activity. The applicant is arrested by the Kota police on 03/03/25. The matter is under investigation. The Challan has not been filed. 4. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that is student of BAIIIrd year and studing in C.V. Raman University Kota and he is also student of Delhi IAS coaching academy. He further submits applicant is student his entire carrier will be ruined if he will not prepare for examination and if he could appear in the examination. The applicant is in jail since 03.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 5. 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. 6. I have heard learned counsel for the parties and perused the case 3 diary. 7. Taking into consideration the submissions made by learned counsel for the parties, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous antecedents and he has been in jail since 03.03.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 8. Let the Applicant – Jaiprakash Palke, involved in Crime No. 183/2025 registered at Police Station Kota, District Bilaspur (C.G.), for the offences punishable under Section 318(4), 336(3), 316(5) of the Bhartiya Nyaya Sanhita, 2023 and 66 (c) of I.T. Act, be released on bail on his furnishing personal bond with two local 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 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 4 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 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. Office 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 vaibhav