1 2025:CGHC:21693 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3669 of 2025 Rajesh Jaiswal S/o Chunnilal Jaiswal Aged About 35 Years R/o Ward No. 5 Sindhi Dafai Raj Nagar Calry Bhalmundi Annuppur (Madhya Pradesh) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Supela, District - Durg Chhattisgarh ... Respondent For Applicant : Shri Amit Kumar, Advocate appears through VC. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/05/2025 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.148/2025 registered at Police Station Supela, District- Durg (C.G.) for the offence punishable under Sections 318(4), 61(2), 111(3) of B.N.S. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.09 18:58:39 +0530 2 2. Case of the prosecution, in brief, is that as per the case diary and report related to crime no. 148/2025 section-318(4), 61(2) 111(3) of B.N.S. of Police Outpost-Smriti Nagar Police Station-Supela was perused, according to which Assistant Sub-Inspector Ajay Shankar Avinashi posted at Police Outpost-Smriti Nagar Police Station-Supela, on 03.02.2025, due to the stay and he visit to V.I.P in District Durg, He went to Hotel Landmark along with his staff for checking, during checking, room of Hotel Landmark. During the checking of the room of the persons namely Sunil Vishwakarma and other co-accused and the applicant staying at room no.-302, a form for loss of documents registered in G.R.P Raipur was found with the applicant namely Rajesh Jaiswal, in which mention of loss of Canara Bank cheque book of Manendragarh branch and other documents was found. On suspicion of finding Canara Bank cheque book and Manendragarh branch cheque book and ATM and other documents with him on the spot, he was summoned and witnesses present on the spot were given notice, all the items were brought to the police station and questioned, and his mobile phone and application to the branch manager Canara Bank Manendragarh on 31.01.2025 for turning on net banking and bulk mode, in which account number-120032974985 of Canara Bank Manendragarh branch was found, which is the same as the account number-120032974985 of Canara Bank cheque book found with him, from the observation of documents and mobile found with him, illegal transaction was found. The applicant and other co-accused by conspiring and committing fraud, have committed a crime. Prima facie, they were found to be earning illegal money through the bank by working together and in an organized manner. On the spot, a rural 3 complaint was lodged against the applicant and other co-accused under Sections 318(4), 61(2), 111(3) of the B.N.S, 2023 and the case was registered in crime no. 148/2025 by the police station Supela district Durg. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would further submit that co-accused person namely Sanjay Jaiswal has been granted regular bail by this Court vide MCRC No.3462/2025 on 05/05/2025. He submits that charge sheet has been filed in this case and the applicant is in jail since 04/02/2025. Therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case and there is no previous criminal antecedent against the present applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, also considering the fact that co-accused person namely Sanjay Jaiswal has been granted regular bail by this Court vide MCRC No.3462/2025 on 05/05/2025, there is no previous criminal antecedent against the present applicant, charge sheet has been filed, period of detention of the applicant since 04/02/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant-Rajesh Jaiswal, involved in Crime No.148/2025 registered at Police Station Supela, District- Durg (C.G.) for the offence 4 punishable under Sections 318(4), 61(2), 111(3) of B.N.S, 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 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 5 proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri