1 2025:CGHC:13387 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 317 of 2025 Suraj Sharma S/o Jitendra Sharma, Aged About 30 Years Permanent R/o Ganj Chowk, Baniyapara, Raigarh, District- Raigarh (C.G.) Presently R/o Bodla, Tehsil - Bodla, District- Kabirdham (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Bodla, District- Kabirdham (C.G.) ... Non-applicant For Applicant : Mr. Malay Shrivastava, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.03.2025 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. 240/2024 registered at Police Station : Bodla, District Kabirdham (C.G.) for the offence punishable under Sections 420, 409 and 34 of the Indian Penal Code (IPC). 2. As per the prosecution's case, in brief, it is alleged that an FIR was registered on November 21, 2024, stating that an amount of Rs. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.22 10:37:44 +0530 2 82,100/- was withdrawn from Mangali Bai's account between November 30, 2023, and December 1, 2023. 3. Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He argues that there is no evidence whatsoever connecting the applicant to the crime in question. Furthermore, he points out that the applicant joined the service on 04.09.2023, and was undergoing training under Prateek Uikye during this period. He also submits thatc the main accused, Prateek Uikye, used the applicant's ID to provide training on bank procedures, and it was Prateek Uikye who committed the fraud and embezzlement. He further submits that the applicant has only one criminal antecedent of the similar nature which is also listed today for hearing before this Court, except these cases the applicant has no criminal antecedents and he is in jail since 17.12.2024, 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 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. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the present applicant has 3 only one criminal antecedent of the similar nature which is also listed today for hearing before this Court, except these cases the applicant has no criminal antecedents, also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 17.12.2024, 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, Suraj Sharma, involved in Crime No. 240/2024 registered at Police Station : Bodla, District Kabirdham (C.G.) for the offence punishable under Sections 420, 409 and 34 of the Indian Penal Code (IPC), 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 sufÏcient 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 sufÏcient 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. OfÏce 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