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2025 DAILYLAW 23032 (CHH)

GOMTI SAHU v. STATE OF CHHATTISGARH

MCRC/3853/2025 · 2025-06-26

body2025

Judgment text

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1 2025:CGHC:28738 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3853 of 2025 Gomti Sahu W/o Yogesh Sahu Aged About 47 Years R/o Plot Number, 03, Ashish Nagar, West Rishali, Bhilai Police Station Nevai, District Durg Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Newai, District Durg Chhattisgarh. ... Respondent For Applicant : Mr. Jitendra Gupta, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.06.2025 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. 06/2025 registered at Police Station Newai (C.G.), for the offence punishable under Sections 420, 411 and 34 the Indian Penal Code (IPC). 2. That, as per prosecution story in brief, is that the complainant Narendra Dhruv lodged a report and alleged that the present applicant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.28 17:56:41 +0530 2 along with other co-accused persons misused the documents on several banks and private company for taking loan in the name of complainant, complainant's wife and brother in law. Hence this bail application. 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 entire case of the prosecution made against the present applicant is false baseless, and fabricated as the same is based on incorrect facts. He further submits the present applicant is in jail since 06.04.2025, 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. He submits that the present applicant along with other co- accused, allegedly involved in a fraud, therefore, she is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous antecedents also considering the fact that the charge-sheet has been filed and she has been in jail since 06.04.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the 3 present applicant. 7. Let the Applicant – Gomti Sahu, involved in Crime No. 06/2025 registered at Police Station Newai (C.G.), for the offence punishable under Sections 420, 411 and 34 the Indian Penal Code (IPC), be released on bail on his furnishing 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 counsel. In case of his absence, without sufficient cause, the trial court may proceed against her 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, 4 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 her 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 vaibhav