1 2025:CGHC:28754 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3854 of 2025 Sujay Sikdar S/o Shanti Sikdar Aged About 36 Years R/o Shadani Darbar Housing Board Colony, Police Station Mana, District Raipur Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Mahasamund, District Mahasamund Chhattisgarh ... Respondent For Applicant : Shri Puskar Sinha, Advocate. For Respondent/State : Shri S.S. Baghel, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/06/2025 1. Shri Puskar Sinha, learned counsel for the applicant states that earlier counsel Shri Vivek Sharma, had filed an withdrawal application in I.A. No.01/2025 on the ground that charge sheet has not been submitted. He states that said application may be dismissed as not pressed and he is ready to argue the bail application. 2. Accordingly, I.A. No.01/2025 is dismissed as not pressed. 3. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.28 21:03:42 +0530 2 bail to the applicant who has been arrested in connection with Crime No.231/2024 registered at Police Station Mahasamund, District Mahasamund for the offence punishable under Sections 420,34 of IPC. 4. Case of the prosecution, in brief, is that the complainant Praveen khanna had lodged a FIR no. 231/2024 on 06.05.2024 at police station Mahasamund, District Mahasamund (C.G.)against Tukesh Devangan along with Sujay Sikdar, Tanuj Sarkar, Ameen Kumar Das contacted the complainant Praveen khanna and in the name of giving CNF of agricultural medicine and fertilizer of J.T Agrotech company in Chhattisgarh took an amount of Rs. 18 lakh through RTGS and 3 blank cheques. That during the time 16/12/2022 - 20/12/2022 no products were given and committed fraud. The present applicant had been alleged for committing the above registered crime and had been arrested, on 30/04/2025 and the charge sheet is not filed. Hence, this application for grant of bail, inter alia, on the following grounds. 5. Learned counsel for the applicant submits that charge sheet has been submitted and dispute between the parties are purely of a civil nature and one of the co-accused has been granted bail by the trial court, applicant is in jail since 30/04/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 6. On the other hand, learned State Counsel opposes the bail application. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case, considering the fact that the dispute between the parties are purely of a civil nature and one of the co-accused has been granted bail by the 3 trial court, period of detention of the applicant since 30/04/2025, 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. 9. Let the Applicant-Sujay Sikdar, involved in Crime No.231/2024 registered at Police Station Mahasamund, District Mahasamund 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. 4 (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. 10. 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