1 2025:CGHC:30311 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3781 of 2025 Ashish Tandan S/o D.R. Tandan Aged About 36 Years R/o Ward No. 12, Tandan Bada, Talapara, P.S.- Civil Line, Tah. And Distt.- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through- P.S.- Sarkanda, Distt.- Bilaspur (C.G.) ... Respondent For Applicant : Shri Anchal Kumar Matre, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/07/2025 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.496/2025 registered at Police Station Sarkanda, District Bilaspur (C.G) for the offence punishable under Sections 308(5), 331, 3(5) of BNS and section 3, 4 of Karja Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.05 12:22:03 +0530 2 2. Case of the prosecution, in brief, is that the applicant along with other co-accused persons are alleged of extorting excess money in lieu of money borrowed by complainant from present applicant. As per allegations made in FIR the complainant had borrowed Rs. 18,00,000/- from the present applicant on three occasions i.e. on 12.09.2022, 29.04.2023 and May 2023 where the complainant was forced to sign a blank stamp paper. Thereafter, it is alleged that the applicant has already received Rs.30,00,000/- with interest and applicant along with other co-accused persons are further demanding Rs. 27,00,000/-. Thereby, offence has been committed. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that there is huge delay of almost 2 years in reporting the incident to police where very serious allegations have been levelled against the present applicant. He would submit that the complainant and present applicant had earlier entered into agreement lending and borrowing of money for which the dates for return of money has been time and again extended till 13.08.2025 with consent of both the parties from which both the parties are bound. Therefore, there is no chance of applicant demanding money from the complainant till 13.08.2025, which is itself sufficient to show that entire allegations made in FIR is a concocted one. The complainant has entered into agreement to sell with two different persons for same land/house situated at 3 Math Purena, Raipur at Survey number 202/337 admeasuring 1250 Sq Ft. He would submit complainant is himself a fraud personality who is a doctor by profession and is engaged in selling the same land to different persons. He would submit that co-accused Jitendra Banjara has already been granted anticipatory bail by this court in MCRCA No.588/2025 on 28.04.2025 and co-accused Suraj Sonwani has also been granted regular bail by this court in MCRC No.3384/2025 on 01.05.2025. He would submit that the applicant has seven criminal antecedents pending which has been explained by filing additional affidavit and the applicant is in jail since 01/04/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. He would submit that charge sheet has been filed in this case and the applicant has seven criminal antecedents which has been explained in his additional affidavit. 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, considering the fact that co-accused Jitendra Banjara has already been granted anticipatory bail by this court in MCRCA No.588/2025 on 28.04.2025 and co-accused Suraj Sonwani has also been granted regular bail by this court in 4 MCRC No.3384/2025 on 01.05.2025, period of detention of the applicant since 01/04/2025, charge sheet has been filed 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. 7. Accordingly, the bail application is allowed and it is directed that the Applicant-Ashish Tandan, involved in Crime No.496/2025 registered at Police Station Sarkanda, District Bilaspur (C.G) for the offence punishable under Sections 308(5), 331, 3(5) of BNS and section 3, 4 of Karja Act, 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri