1 2025:CGHC:29968 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3603 of 2025 Rajeshwar Das Manikpuri S/o Late Dukal Das Aged About 48 Years R/o Infront of Rampur 100 Bed Jila Chikitsalay Kharmora Road, P.S.- Civi Line Rampur District- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station- Urga District- Korba (C.G.) ... Non-applicant For Applicant : Mr. Sumit Jhawar, Advocate For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 02.07.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 133/2025 registered at Police Station : Urga, Korba, District Korba (C.G.) for the offence punishable under Section 420 of the Indian Penal Code. 2. As per the case of the prosecution, the complainant lodged a written report against the present applicant alleging that the applicant had ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.03 11:14:23 +0530 2 taken Rs. 45,000/- from him in the name of providing a job as a driver at Sargbudiya Hospital but did not get him the job. Hence, an offence was registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits the present applicant has not taken any money for providing any type of job. He had borrowed money from the complainant to pay the school fees of his children but failed to repay the amount on time, and the complainant has mala fidely converted this simple monetary transaction into a case of taking cash for providing employment. As per the prosecution, the incident occurred in 2023, while the FIR was lodged in 2025, with a delay of one year. He further submits that the present applicant has no criminal antecedents and he is in jail since 12.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case and also endorse the submission made by the learned counsel for the applicant that the applicant has no criminal antecedents. 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 3 gravity of offence and further the fact that the applicant has no criminal antecedents, moreover, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 12.04.2025, trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Rajeshwar Das Manikpuri, involved in Crime No. 133/2025 registered at Police Station : Urga, Korba, District Korba (C.G.) for the offence punishable under Section 420 of the Indian Penal Code be released on bail on his furnishing a personal bond with two sureties in the like amount 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 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, 4 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. 8. 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 Abhishek