1 2025:CGHC:28772 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3807 of 2025 Deepak Verma S/o Shri Mohar Say Verma Aged About 30 Years R/o- Vill Chhachhi, P.S. Kasdol, Dist- Baloda Bazar-Bhatapara (C.G.) (Fathers Name Of Applicant Wrongly Mentioned As Mohan Say Verma In Cause Title Of Impugned Order) ... Applicant versus State Of Chhattisgarh Thought- S.H.O., Police Station Mana Camp, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Ravindra Sharma, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. For Objector : Mr. Chandradeep Prasad, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.06.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 104/2025, registered at Police Station – Mana Camp, District – Raipur (C.G.) for the offence punishable under Sections 303(2), 306 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant Krishank Dubey and RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Anil Jaiswal lodged the written complaint at P.S. Mana Camp on 19.04.2025 stating that they are running their business regarding the supply of raw materials of animal food, on 09.04.2025 the complainant Anil Jaiswal received his account details then he came to know that Rs.1,00,000/- has been transferred in the account of Deepak Verma through bearing cheque No. 00001 of Iquitas Small Finance Bank, it is further alleged that he received the SMS for transfer of Rs. 20,000/- through bearing cheque No. 089473 of Punjab National Bank Boriya Kala Branch, then he immediately informed the bank to stop the payment, similarly the Director Krishank Dubey has also received the SMS of transfer of Rs. 20,000/- through cheque No. 90280 but the same was also stopped by him and another cheque No. 90280 valued Rs. 2,00,000/- was presented for withdrawal of amount but the same was also dishonored, thereafter, the complainants have made written complaint regarding the theft of cheque. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 20.04.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel as well the learned counsel for the objector, opposed the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the complainant Krishank Dubey and Anil Jaiswal lodged the written complaint at P.S. Mana Camp on 19.04.2025 stating that they are 3 running their business regarding the supply of raw materials of animal food, on 09.04.2025 the complainant Anil Jaiswal received his account details then he came to know that Rs.1,00,000/- has been transferred in the account of Deepak Verma through bearing cheque No. 00001 of Iquitas Small Finance Bank, it is further alleged that he received the SMS for transfer of Rs. 20,000/- through bearing cheque No. 089473 of Punjab National Bank Boriya Kala Branch, then he immediately informed the bank to stop the payment, similarly the Director Krishank Dubey has also received the SMS of transfer of Rs. 20,000/- through cheque No. 90280 but the same was also stopped by him and another cheque No. 90280 valued Rs. 2,00,000/- was presented for withdrawal of amount but the same was also dishonored, thereafter, the complainants have made written complaint regarding the theft of cheque, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 20.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Deepak Verma, involved in Crime No. 104/2025, registered at Police Station – Mana Camp, District – Raipur (C.G.) for the offence punishable under Sections 303(2), 306 read with Section 3(5) of the BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned 4 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, 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 Rajshekhar