1 2025:CGHC:22399 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4075 of 2025 • Utkarsh Gupta S/o Harishchandra Gupta Aged About 38 Years R/o Ward No. 69, Indraprash Colony, Raipur, D.D. Nagar, District Raipur Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Balod, District Balod (C.G.) ... Non-Applicant For Applicant : Mr. Rakesh Kumar, Advocate For Non-Applicant/State : Mrs. Upasana Mehta, Deputy Government Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.05.2025 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. 60/2025 registered at Police Station : Balod District Balod (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)(a), 111 of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, the complainant has made complaint to the concerned police station alleging inter-alia is that the amount of Rs. 3,19,145/- has illegal transferred from his account in the name of another account as installment at several time as per bank statement. Based upon the SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.05.27 18:16:53 +0530 2 such complaint of the complainant, police has registered FIR against the applicant and other accused persons for the offence u/s 317(2), 317(4), 318(4), 61(2) (a), 111 of Bharatiya Nyay Sanhita and arrested the present applicant and subsequently filed a charge sheet before the competent court of law. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case and the co-accused has been granted bail by this Court vide order dated 09.05.2025 passed in MCRC No. 3567 of 2025. The applicant is in jail since 29.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case and the applicant has no criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant and the co-accused has been granted bail by this Court vide order dated 09.05.2025 passed in MCRC No. 3567 of 2025, the applicant is in jail since 29.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Utkarsh Gupta, involved in Crime No. 60/2025 registered at 3 Police Station : Balod District Balod (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)(a), 111 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local sureties in the like amount 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 4 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice $iddhant