1 2025:CGHC:22441 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4173 of 2025 1 - Bhupendra Kishor Vaishnav S/o Dwarika Das Vaishnav Aged About 45 Years R/o Town Hall Civil Lines, Kharsia Thana And Tahsil- Kharsia District- Raigarh (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer Police Station Baradwar District- Sakti (C.G.) ... Non-applicant For Applicant : Mr. N. K. Malviya, Advocate. For Non-applicant/State : Mr. Arvind Kumar Dubey, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.05.2025 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. 20/2025 registered at Police Station- Baradwar, District- Sakti (C.G.) for the offence punishable under Sections 318(4), 338, 336 (3), 238 (3) (5) of BNS, 2023. 2. Case of the prosecution, in brief is that as per the order passed by Collector Sakti for lodging the FIR regarding forging the signature of the District Mining Officer, Sakti in the permission letter for dumping the fly ash at Government land bearing Khasra No. 2143/1, area 9.1130 and Digitally signed by AMIT PATEL 2 Khasra No. 2340 area 11.4730 hectare by the co-accused namely Rajkumar Kurre, Lakhan Denjare, Yuvraj Banjare, Bhupendra Kishore Vaishnav. As per the police case on the basis of memorandum of Rajkumar Kurre the present applicant has prepared the draft and obtained the thumb impression in that documents and advised him to burn the seal and original permission letter, thus the applicant alongwith other co-accused persons committed the crime under Sections 318(4), 338, 336 (3), 238 (3) (5) of BNS, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the other co-accused persons namely Rajkumar Kurre and Lakhanlal Denjare have already been granted bail by this Court vide order dated 01.05.2025 in MCRC No. 3381/2025 and another one namely Yuvraj Banjare has already been granted bail by this Court vide order dated 02.05.2025 in MCRC No. 3428/2025 and he further submits that the applicant is in jail since 01.02.2025, charge-sheet has been filed in this case 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 of the present applicant and submits that the charge -sheet has already been submitted before the competent Court in the present case. He further submits that there are twenty two criminal antecedents against the applicant and the same are pending, therefore, the present applicant is not entitled for grant of bail. 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 and 3 the fact that co-accused persons namely Rajkumar Kurre and Lakhanlal Denjare have already been granted bail by this Court vide order dated 01.05.2025 in MCRC No. 3381/2025 and another one namely Yuvraj Banjare has already been granted bail by this Court vide order dated 02.05.2025 in MCRC No. 3428/2025, moreover, the charge - sheet has already been submitted in the present case before the competent Court and the applicant is in jail since 01.02.2025 conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Bhupendra Kishor Vaishnav, involved in 20/2025 registered at Police Station- Baradwar, District- Sakti (C.G.) for the offence punishable under Sections 318(4), 338, 336 (3), 238 (3) (5) of BNS, 2023, 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. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation 4 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. - Sd/- (Ramesh Sinha) Chief Justice AMIT PATEL