1 2025:CGHC:22160 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3943 of 2025 1 - Pawan Kumar Bhuwal S/o Late Shri Mohan Singh Bhuwal Aged About 67 Years Occupation Retired Bank Manager, R/o Aadarsh Nagar, Durg, District Durg (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Police Station Kotwali, Raigarh (C.G.) ... Non-applicant For Applicant : Dr. Shiv Kumar Shrivastava, Advocate For State : Mr. Hariom Rai, Panel Lawyer 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 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. 35/2016 registered at Police Station Kotwali, District-Raigarh (C.G.) for the offence punishable under Sections 420, 467, 468, 471 and 120-B of BNS. 2. Case of the prosecution, in brief, is that on 10.12.2015 Ramlal and other persons made a written complaint before the Superintendent of Police, Raigarh that one middleman came to SAIFAN KHAN Digitally signed by SAIFAN KHAN Date: 2025.05.21 11:12:25 +0530 2 their village area Lahangapali and Midmida, Block Pusaur and had taken necessary documents from them with a commitment that all of them will be getting Rs2.50 lacs loan from the bank and prompted them to execute certain loan documents of UCO Bank, Raigarh. After execution of documents said middleman gave only Rs. 1000.00 to them and assures that rest amount will be made available after some times, but after lapses of considerable time no money was been provided said middleman and they were received notices from the UCO Bank for recovery of loan amount, sanction by the bank manager in their names. Theses persons have made written complaint against bank manager and middleman and requested for investigation after registering a criminal case. On this complaint crime no. 35/2016 was registered against Ram Singh, Sant ram Yadav, Shanti Kumar Lakra u/s 420, 467, 468, 471, 120-B of IPC, 1860. In this matter the Applicant has been arrested by the police on 04.05.2025. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submitted that the CBI in the year 2017 has registered a case against the applicant herein and the co-accused for the single incident, in which, the applicant herein as also the co-accused persons all have been granted anticipatory bail by the Coordinate Bench of this Court vide order passed in MCRCA-58-2021, dated 24.08.2021 (Annexure-A/03). The present crime/case has been 3 registered in the year 2016 and the applicant, who was cooperating the investigation as also in the trial, was arrested on 04.05.2025. The charge-sheet has been filed and the investigation is also pending since 2016 and same is not completed till date. Conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that according to charge-sheet applicant has no previous criminal antecedents but looking to the overtact application may be reject. 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, the fact that the present crime was registered in the year 2016 and the investigation is still going on and the applicant alongwith other co-accused persons were granted anticipatory bail by the Coordinate Bench of this Court vide order passed in MCRCA-58-2021, dated 24.08.2021 (Annexure-A/03) in a case registered by the CBI in the year 2017 for the single incident and that the applicant has been arrested during the course of investigation and he is in jail since 04.05.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Pawan Kumar Bhuwal, involved in Crime No. Crime No. 35/2016 registered at Police Station Kotwali, District- 4 Raigarh (C.G.) for the offence punishable under Sections 420, 467, 468, 471 and 120-B of BNS. 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 5 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 an earnest endeavour to conclude the trial in accordance with law within a period of six months , if there is no legal impediment. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali