Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22322
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3749 of 2025 Ramnarayan Banjare S/o Late Sevaram Banjare Aged About 59 Years R/o Village- Bodra, Police Thana And Tahsil- Arang, District Raipur, Chhattisgarh.
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Civil Lines, Raipur, District Raipur, Chhattisgarh.
... Non-Applicant For Applicant : Mr. Galib Dwivedi, Advocate. For Non-applicant/State : Mrs. Pragya Shrivastava, Deputy Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 22.05.2025
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 applicant who has been arrested in connection with Crime No. 73/2025 registered at Police Station Civil Line Raipur, District Raipur (C.G.), for the offences punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code.
2. The story, in brief, is that on 13.02.2025 the complainant filed a complaint before the Police Station stating that Mohd. Altaf has executed multiple agreements for another person land and cheated him and to usurp the advance amount has not returned.
3.
Learned counsel for the applicant submits that the present applicant
2 is innocent person and has been falsely implicated in the aforesaid case. The complainant himself said in his police statement that the present applicant had come to his office after publication dated 03.06.2024 and told him about the agreement which Mohd. Altaf has signed and is not signed by him. The police statement of the Shan Ahmed Rizvir reveals that the agreement between Mohd Altaf and Bisahin was not notarized by the parties. Hence he prays for enlarging the applicant on bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted 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 applicant has no criminal antecedents, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 19.04.2025, the 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 the Applicant – Ramnarayan Banjare, involved in Crime No. 73/2025 registered at Police Station Civil Line Raipur, district- Raipur (C.G.), for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code, be released on bail on his furnishing personal bond with two local sureties in the like
3 sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant 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 applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant 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 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 applicants are
4 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 them in accordance with law. 8. However, this court hopes and trusts that the trial court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this
order in accordance with law, if there is no legal impediment.
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 alfiza