1 2025:CGHC:29150 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4572 of 2025 Shyam Sundar Jangde S/o Ram Pyare Jangde Aged About 29 Years R/o Village- Mudwabhatha, P.S. - Kosir, Tahsil- Sarangarh, Distt. - Sarangarh- Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sarangarh, District Sarangarh - Bilaigarh. ... Respondent For Applicant : Shri Vivek Verma, Advocate For Respondent/State : Shri Saumya Rai, PL. For complainant : Shri Ravipal Maheswari, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.02 18:02:52 +0530 2 connection with Crime No.74/2025 registered at Police Station Sarangarh, District Sarangarh – Bilaigarh (CG) for the offence punishable under Section 420/34 of I.P.C. 2. Case of the prosecution, in brief, is that the FIR lodged by the complainant Rohit Nirala before the P.S. Sarangarh against the applicant as per the allegation the complainant contact to the Girish Jolhe for the purpose of personal loan, home loan and car loan, the complainant required home loan and subsequently the complainant submitted the scanned documents and sanctioned the loan from Chhattisgarh Gramin Bank, Sarangarh and total sanctioned the loan Rs. 1,01,90,000/- and as per the allegation the applicant demanded 60% of the total loan from the complainant and given 40% to the complainant and given assurance to repay the amount by him but the applicant has not repaid the loan amount. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that an agreement was executed between applicant and complainant on 14.10.2023 and other persons namely Suresh Kumar Anand in respect of transaction. He would submit that the complainant sent notice to the applicant in respect of dishonour of the Cheque No. 265602 dated 06.01.2025 and Cheque No. 265600 dated 06.01.2025. He would submit that applicant through his advocate given a reply to the complainant on 19.02.2025 and mentioned that the account number of the complainant has not 3 been maintained by the applicant and also mentioned that the applicant and complainant known to the each other and the matter is related to refund of the amount. He would submit that co- accused namely Girish Jolhe has been granted bail in MCRC No. 1699/2025 on 15/04/2025. He would submit that the applicant is in jail since 14/02/2025, charge sheet has been filed 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 and he would submit that there is one criminal antecedent against the applicant in which he has been granted bail. 5. Learned counsel for the complainant opposes the prayer for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, nature and gravity of offence, there is one criminal antecedent against the applicant in which he has been granted bail, period of detention of the applicant since 14/02/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed and it is directed that 4 the applicant-Shyam Sundar Jangde, involved in Crime No.74/2025 registered at Police Station Sarangarh, District Sarangarh – Bilaigarh (CG) for the offence punishable under Section 420/34 of I.P.C. be released on bail on his furnishing a 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. 5 (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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri