1 2025:CGHC:22129 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3723 of 2025 Kaushal Yadav S/o Inderman Yadav Aged About 42 Years R/o House No. 27/630, New Shanti Nagar, Shankar Nagar, Raipur, Permanent Resident of Village Nikumb (Wrongly Mentioned As Nikum), Police Station Anda, Tahsil And District Durg Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station Chowki Kachche, Police Station Bhanupratappur, District North Bastar Kanker Chhattisgarh. ... Non-applicant For Applicant : Mr. Arun Kumar Shukla, Advocate. For Non-applicant/State : Mr. Pramod Shrivastava, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.05.2025 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. 205/2021 registered at Police Chowki – Kachche, Police Station Bhanupratappur, District North Bastar Kanker (C.G.), for the offence punishable under Sections 467, 468, 471, 201, 420 of the Indian ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.21 18:37:37 +0530 2 Penal Code (IPC). 2. As per the prosecution's story, in brief, based on the written complaint of the Chief Forest Conservator, Kanker Circle, Kanker, an FIR bearing Crime No. 205/2021 under sections 467, 468, and 471 of the IPC was registered. The allegations state that the present applicant, the authorized owner of Ganpati Enterprises, New Shanti Nagar, Raipur, allegedly colluded with co-accused Devendra Thakur, a government employee in the Forest Department, to create a forged work order for mining using forged signatures of the erstwhile Forest Circle Officer. Based on this report, the alleged offences were registered against the applicant and other co-accused. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the applicant has neither prepared any forged or fabricated work order, nor committed any cheating or fraud. He also submits that the present applicant has no criminal antecedents and he is in jail since 20.01.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 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 before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Taking into consideration the facts and circumstances of the case that the applicant has no criminal antecedents and also considering the fact that in the present bail application the charge-sheet has been filed before the competent Court and the applicant is in jail since 20.01.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Kaushal Yadav, involved in Crime No. 205/2021 registered at Police Chowki – Kachche, Police Station Bhanupratappur, District North Bastar Kanker (C.G.), for the offence punishable under Sections 467, 468, 471, 201, 420 of the Indian Penal Code (IPC), be released on bail on furnishing 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 his under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 Abhishek