1 2025:CGHC:1473 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 132 of 2025 Akash Chandrakar S/o Shri Omprakash Chandrakar Aged About 34 Years R/o Village Paraswani Tahsil And District Mahasamund C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station City Kotwali District Dhamtari C.G. ... Non-Applicant(s) For Applicant(s) : Mr. Awadh Tripathi, Advocate. For Non-Applicant(s) : Mr. U.k.S. Chandel, Deputy A.G. For Objector : Mr. Bharat Lal Sahu, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/01/2025 1. 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. 155/2023 registered at Police Station City Kotwali District Dhamtari (C.G.) for the offence punishable under Sections 420 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that the applicant/accused AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.10 12:11:11 +0530 2 allegedly received Rs. 5,00,000/- from Tulsi Ram Sahu, Rs. 7,50,000/- from Mithilesh Nirmalkar, and Rs. 3,50,000/- from Deenanarayan Sahu, all under the pretext of getting them a job as a Constable in the Police Department. The accused is said to have cheated and deceived these individuals, taking their money fraudulently. Thereafter, the offence has been registered against the applicant. 3. 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 the applicant is BE Graduate and is running a Bakery Ship in the name of Zayka Bakery and from the charge-sheet, it has been alleged that the said money transaction between the parties was of the year 2018 and they have not taken any re-course to law within the stipulated period and after lapse of about 3 years, the complainant and his companions have implicated the applicant in this false case. He also submits that the complainant and his companion for the very purpose to put unnecessary pressure upon the applicant, molded a civil matter into the criminal case, the IO before whom, all the agreements have been produced in which, it is no where has been stated that the applicant has taken money for providing job to the complainant and his companions. The applicant is in jail since 12.10.2024, 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. 4. Learned State Counsel appearing for the respondent/State opposes 3 the bail application and submits that the charge-sheet has been filed in the present case. 5. Learned counsel for the objector submits that under the pretext of providing job as a Constable in Police Department, the applicant has cheated and deceived the complainant & his companions and has fraudulently taken money from them, therefore, applicant is not 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 12.10.2024, the fact that though the allegation against the applicant that under the pretext of providing job as a Constable in Police Department, the applicant has cheated and deceived the complainant & his companions and has fraudulently taken money from them, but the applicant has no criminal antecedent and 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. Let the Applicant-Akash Chandrakar, involved in Crime No. 155/2023 registered at Police Station City Kotwali District Dhamtari (C.G.) for the offence punishable under Sections 420 of 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 4 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. (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