Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:31401
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5265 of 2025 Kamlesh Ravte S/o Ramcharan Ravte. Aged About 24 Years R/o Village Parna, Police Station Dongargaon, District Rajnandgaon Chhattisgarh
... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Deori, District Balod Chhattisgarh ... Non-applicant
For Applicant : Mr. Sanjay Sahu, Advocate. For Non-applicant/State : Mr. Ramakant Mishra, Dy. Solicitor General, Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.07.2025
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. 44/2025 registered at Police Station : Deori District - Balod (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4) read with Section 3(5) of B.N.S. 2023. 2. The prosecution's case is that the complainant made report to the
2 concerned Police Station stating therein that the present applicant with other co-accused persons have used the account of complainant and on the basis of Bar Code have made transaction of Rs. 1,74,900/- in the account of other accused persons, therefore crime has been committed. 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 had neither committed nor participated in the above said crime. He further submits that the present applicant has been made accused only on the basis of suspicion, he has not committed any offence and he is in jail since 24.04.2025, 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 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 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 24.04.2025, 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. 3
7. Let applicant, Kamlesh Ravte, involved in Crime No. 44/2025 registered at Police Station : Deori District - Balod (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4) read with Section 3(5) of B.N.S. 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. (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,
4 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 vaibhav