1 2025:CGHC:23570 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4397 of 2025 Ganesh Kumar Bhoi S/o Ghasuram Bhoi Aged About 40 Years R/o Ward No. 15, Mahamaya Chowk, Mahasamund, P.S. Tehsil And District Mahasamund, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Mahasamund, District Mahasamund, Chhattisgarh. ... Non-applicant For Applicant : Mr. Shubhank Tiwari, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 12.06.2025 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. 131/2025 registered at Police Station : Mahasamund, District Mahasamund (C.G.) for the offence punishable under Sections 318(4), 319(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's case, the complainant lodged an FIR alleging that three unknown persons, claiming to be Electricity ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.14 12:08:38 +0530 2 Department employees, extorted Rs. 75,000/- from several villagers. The main accused, Lekhan Nirmalkar, in his memorandum statement, implicated others, leading to the arrest of the present applicant along with Suman Tarak, and the applicant was subsequently made an accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant has no involvement in the forgery and is an illiterate person. The FIR was lodged against him suddenly and without basis. His role in the entire case appears suspicious, and the prosecution's conduct is questionable. The only aspect worth considering is the role he allegedly played in committing the crime, if any. Given his illiterate status, it is implausible that he could convincingly pose as a Junior Engineer, as his lack of education would be apparent to anyone. He also submits that the applicant has no criminal antecedents and he is in jail since 03.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular 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 been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 03.04.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Ganesh Kumar Bhoi, involved in Crime No. 131/2025 registered at Police Station : Mahasamund, District Mahasamund (C.G.) for the offence punishable under Sections 318(4), 319(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two 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. 4 (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 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 Abhishek