1 2025:CGHC:39600 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5200 of 2025 Intijar Choudhary S/o Alisher Aged About 30 Years R/o Village Asara, P.S. Ramala, District Bagpat (U.P.) Present Address - Rasoolpur, Ambikapur, P.S. And Tahsil Ambikapur District Surguja (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Manipur, District Surguja (C.G.) ... Respondent For Applicant : Dr. Sudeep Agrawal, Advocate. For Respondent/State : Shri Hariom Rai, PL. For objector : Shri A.K. Yadav, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/08/2025 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 connection with Crime No.148/2025 registered at Police Station Manipur, District Surguja (C.G.) for the offence punishable under Sections 318(4) & 61(2) of B.N.S. 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.08 19:42:12 +0530 2 2. Case of the prosecution, in brief, is that the complaint with regard to cheating and criminal conspiracy has been lodged against the present applicant stating that the applicant along with other co-accused persons misappropriated 90-100 Kgs of gram from BM Foods Company, Ambikapur and thereby cheated the complainant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in present case. He would submit that the present FIR has been lodged to settle personal contractual dispute between the parties. He would submit that it is a case of commercial transaction. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 15/05/2025 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 as well as learned counsel for the objector opposes the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, period of detention of the applicant since 15/05/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Intijar Choudhary, involved in Crime No.148/2025 3 registered at Police Station Manipur, District Surguja (C.G.) for the offence punishable under Sections 318(4) & 61(2) of B.N.S. 2023, be released on bail on his furnishing a personal bond with two local 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. (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 4 the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 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