1 2025:CGHC:25438 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3808 of 2025 1 - Vinod Das Mahant S/o Late Charan Das Mahant Aged About 45 Years R/o Chandrapur, Tehsil Dabhra, District Sakti (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through The Police Station House Officer, P.S. Kharsiya, District Raigarh (C.G.) ... Respondent For Applicant : Mr. Shivendu Bhardwaj, Advocate For Respondent : Ms. Monika Thakur, Panel Lawyer For Objector : Mr. F.S. Khare, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/06/2025 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.163/2025 registered at Police Station- Kharasiya District Raigarh (C.G.) for the offence punishable under Sections 420, 34 of IPC. 2. Case of the prosecution, in brief, is that on 05.12.2022. the date of the incident i.e. 09.12.2022 the present applicant offered the wife of the complainant to get her a job at CIMS Hospital Bilaspur thereafter VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.19 17:36:19 +0530 2 the applicant introduced the complainant and his wife to the co accused namely Stuti Juliyas who pretended to the a doctor at CIMS Hospital and further the applicant and co accused to Rs. 1,50,000/- from the complainant and assure them to get her job at CIMS Hospital. But no job was given to the complainant. Thereafter the complainant lodged the FIR no. 163/2025 under section 420, 34 of I.P.C. at Police Station Kharsiya, District Raigarh C.G. and subsequently arrested the applicant on 31.03.2025 and police took the matter for further investigation. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that there is no prima facie case is made out against the applicant. The applicant is in jail since 21.03.2025, the applicant is having one previous criminal case No. 594 of 2021, which is pending. He also submits that the other co- accused in this case granted bail on 16.04.2025 by this Hon’ble Court in MCRC No. 2938 of 2025, charge-sheet has not been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has not been filed in the present case and the applicant is having one previous criminal case No. 594 of 2021, which is pending before Judicial Magistrate Khasariya, Raigarh. 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, nature and gravity of offence, period of detention of the applicant 3 since 21.03.2025, the fact that the other co-accused in this case granted bail on 16.04.2025 by this Hon’ble Court in MCRC No. 2938 of 2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Vinod Das Mahant, involved in Crime No.163/2025 registered at Police Station- Kharasiya District Raigarh (C.G.) for the offence punishable under Sections 420, 34 of IPC, 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 4 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 for necessary information and compliance. sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali