1 2025:CGHC:22436 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4196 of 2025 1 - Daneshwar Nishad S/o Radheshyam Nishad Aged About 29 Years R/o- 321, Ward No.- 59, Janki Nagar, Kandul Road Near Water Tank, Santoshi Nagar Boriyakhurd, Police Station- Tikrapara, District- Raipur, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Police Station- Tikrapara, District- Raipur, Chhattisgarh … Non-Applicant For applicant : Mr. Ishan Verma, Advocate For Non Applicant : Mr. Keshav Gupta, Govt. Advocate 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. 08/2025 registered at Police Station – Tikrapara, District Raipur 2 (C.G.) for the offence punishable under Sections 316(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story in the charge sheet, that one Dharmendra Prasad lodged a report at Police Station Tikrapara, Raipur, alleging that the applicant, Daneshwar Nishad, Director of AFC Door and Travels Agency, had published advertisements claiming that his firm provides four-wheeler vehicles for both private and government use at reasonable rates and is attached to various government departments and the applicant representing himself as a contractor who had secured a government tender and he entered into written agreements with Dharmendra Prasad and 13 other individuals for attaching their four-wheeler vehicles to government departments. However, in violation of the terms and conditions of the agreements, the applicant failed to pay the agreed rent on the due dates and allegedly sold or concealed the vehicles, thereby cheating all the individuals involved. Based on the said complaint, FIR No. 08/2025 was registered at Police Station Tikrapara under Section 316(5) of the Bharatiya Nyay Sanhita (BNS), and during the course of investigation, the applicant Daneshwar Nishad was arrested. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case due to business disputes. He further submits that the applicant had started the business with an intent to run a lawful enterprise, however, due to unforeseen financial losses and operational challenges, the applicant was unable to fulfill certain terms of agreement entered into with the 3 complainants. The failure to meet contractual obligations was purely due to financial hardship and was not motivated by any fraudulent or dishonest intention. He further submits that the present applicant is in jail since 04.01.2025, 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 and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant is having one criminal antecedent of the same offence. 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 that the applicant has only one previous criminal antecedent, further considering the fact that failure to meet contractual obligations was purely due to financial hardship and was not motivated by any fraudulent or dishonest intention and also considering the fact that in the present bail application the charge-sheet has been filed before the competent Court and that the present applicant is in jail since 04.01.2025 and conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Daneshwar Nishad, involved in Crime No. 08/2025 registered at Police Station – Tikrapara, District Raipur (C.G.) for the offence punishable under Sections 316(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing 4 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 5 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 Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.05.30 11:56:20 +0530