1 2025:CGHC:23825 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4452 of 2025 Basant Jain S/o Late Manaklal Jain Aged About 60 Years R/o House No.-103, Alakhnanda Tower, Ward No.-59, Deendayal Upadhyay Nagar, Raipur, District - Raipur (C.G.). ... Applicant versus State Of Chhattisgarh Through - Police Station - Telibandha, Raipur, District - Raipur (C.G.). ... Non-applicant For Applicant : Mr. Manoj Paranjpe, Advocate For Res/State : Dr. Saurbh Pande, Deputy Advocate General For Res./Objector : Mr. Shivam Agrawal, Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13.06.2025 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. 532/2024 registered at Police Station : Telibandha Raipur, District- Raipur (C.G.) for the offence punishable under Sections 420,468, 471, 2 34, 201 of Indian Penal Code. 2. According to the prosecution's story, on 12.08.2024 an FIR was lodged by complainant namely- Vikas Singh Thakur stating therein that the present applicant alongwith other co-accused persons fraudulent manner has prepared the forge documents and work orders related to the installation of street lights and has obtained Rs. 24 lacs in different dates i.e. Rs. 7 Lacs on 03.12.2022, Rs. 14 lacs on 07.12.2022 and on 23.12.2022 from the complainant in the name of getting the government contract for the installation of street lights in the different villages. Thereafter, neither the contract was allotted to the complainant nor any amount had returned back to the complainant. Therefore, the report has been lodged. Based on the police investigation, aforesaid offenses has been registered against the present applicant. Hence this bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. He would also submit that the applicant is an old person aged about 60 years of age and the civil and money dispute has been given the cloak of the criminal offence. He would further submit that the matter has been compromised between the applicant and the complainant and the applicant’s son has also roped in the present case just for pressurising the applicant to get money back to the complainant. He would again submit that the applicant has no criminal antecedents and he is in jail since 17.04.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 3 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed and the son of the present applicant is also involved in the offence in question, therefore, the applicant is not entitled for grant of regular bail. 5. Mr. Agrawal, learned counsel appearing for the objector would submit that a compromise has been taken place between the present applicant and the complainant and some of the amount has been received by him from the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents and he is an old person aged about 60 years particularly considering the fact that a compromised has been taken place between the present applicant and the complainant and further, the charge- sheet has been filed, the present applicant has been in jail since 17.04.2025, 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. 8. 8. Let applicant- Basant Jain, involved in Crime No. 532/2024 registered at Police Station : Telibandha Raipur, District- Raipur (C.G.) for the offence punishable under Sections 420,468, 471, 34, 201 of Indian Penal Code, be released on bail on his furnishing a personal bond 4 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. (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 5 court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.16 15:07:28 +0530