1 2025:CGHC:22011 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3848 of 2025 • Jay Kumar Nara @ Jay Nara S/o Late Ramesh Kumar Nara @ Late Ramesh Nara Aged About 37 Years R/o House No. 17, Maruti Residency, Mayur Vihar, Amlidih, New Rajendra Nagar, Raipur (Wrongly Mentioned As Mahavir Nagar) District Raipur (C.G.) ... Applicant Versus • State Of Chhattisgarh Through P.S. Civil Line, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. B.L. Dembra, Advocate For Non-applicant/State For Objector : : Mr. Sanjeev Pandey, Deputy Advocate General Mr. Syed Ishhadil Ali, Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13/05/2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 48/2025, registered at Police Station – Civil Line, District – Raipur (C.G.) for the offence punishable under Section 420 read with Section 34 of Indian Penal Code, for short, the IPC. 2. The prosecution story, in brief, is that the complainant Shiv Kumar Agrawal lodged a written complaint in Police Station Civil Line on Digitally signed by RAMESH KUMAR VATTI 2 08.01.2025 alleging that the applicant has instigated the complainant to invest money. It is alleged that the complainant has deposited the amount of Rs.25 lacs in the account of main accused Kanhaiyalal Chhadda in the year 2022. It is further alleged that an agreement was also executed between the said Kanhaiyalal Chhadda and the complainant. It is alleged that the wife of complainant is suffering from disease, therefore, the complainant has not lodged the instant report earlier. On the basis of above written complaint made by the complainant, the applicant was arrested by the Police and the aforesaid offence has been registered. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that earlier also the complainant lodged a report against the applicant and other co-accused bearing Crime No. 436/2022 in Police Station New Rajendra Nagar, Raipu in which he has been granted bail by the coordinate bench of this Court vide order dated 28.07.2023 passed in M.Cr.C. No. 2405/2023 and other connected matters and after lapse of 03 years, the complainant has lodged the instant report against the applicant. It is further submitted that there is no criminal antecedent of the applicant, and he is in jail since 21.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel appearing for the State as well as learned counsel appearing for the objector opposes the bail application and submit that the charge-sheet has been filed in the present case, however, they submit that there is no criminal antecedent 3 of the applicant. It is submitted that earlier the complainant lodged a report against the applicant and co-accused which was registered as Crime No. 436/2022 in Police Station New Rajendra Nagar, Raipur, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the fact that charge-sheet has been filed, there is no criminal antecedent of the applicant as stated by learned counsel for the State and the applicants is in jail since 21.02.2025. Further that the complainant lodged a report against the applicant and other co-accused, in which the applicant has already been granted bail by the coordinate bench of this Court and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant, Jay Kumar Nara @ Jay Nara involved in Crime No. 48/2025, registered at Police Station – Civil Line, District – Raipur (C.G.) for the offence punishable under Section 420 read with Section 34 of IPC, be released on bail on his furnishing a personal bond with two local 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 4 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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vatti