1 2025:CGHC:32007 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5239 of 2025 1 - Vivekanand Mondal S/o Late Shri Vimal Mondal Aged About 45 Years R/o P.V. 42, Vidyanagar, Tehsil And P.S. Pakhanjore, District North Bastar, Kanker (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through Station Officer Police Station Pakhanjore, District North Bastar, Kanker (C.G.) ... Non-applicant For Applicant : Mr. Nitansh Kumar Jaiswal, Advocate For Non-applicant : Mr. Keshav Prasad Gupta, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 10/07/2025 1. This is the fourth bail application. The third bail application was dismissed as withdrawn vide order dated 12.06.2025 in M.Cr.C. No. 4402/2025. The second bail application was dismissed as withdrawn vide order dated 26.11.2024 in M.Cr.C. No. 7873/2024. The first bail application was dismissed vide order dated 01.05.2024 in M.Cr.C. No. 2603/2024. 2. This bail application filed by the applicants under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 116/2023 registered at Police Station – Pakhanjore, District – North Bastar, Chhattisgarh for the offences punishable under Sections 409, 420, 34 of the Indian Penal Code, 1860 (as per charge-sheet). SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 3. Case of prosecution is that, complainant lodged a report that the applicants are running Biva Nidhi Limited Company and have allured the villagers, got the amount deposited from them and thereafter, closed the company. Based upon the report, crime was registered against accused Vivekanand Mandal, Smt. Minti Mandal and Prashant Mandal. During the course of investigation, police collected documents etc. In which, applicant is shown as one of the Director of the company. 4. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that this repeat bail application is filed on the ground that the applicant is the elder brother of the main accused Prashant Mandal. The business of collecting money was started by Prashant Mandal and co-accused Minti Mandal. There is no role of the applicant in doing the said business. He has been shown as one of the Director in the documents except that, there is no role of his in commission of the alleged crime. The witnesses who have been examined before the learned Trial Court have not mentioned the name of the applicant, that he collected money or have induced them to make deposit with Biva Nidhi Limited Company. Applicant is in jail since 13.03.2024. There are as many as 598 witnesses and out of which, only 24 witnesses have been examined till date. He also submits that the complainant in this case have stated that he has received the amount deposited by him with the co-accused. Hence, he may be enlarged on bail. 5. On the other hand, learned State counsel opposes the submission made by the counsel for the applicant and would submit that the applicant is also one of the Director of Biva Nidhi Limited Company. He also submits that the submission of the counsel for the applicant based on the deposition of the witnesses is subject matter of appreciation by the 3 learned Trial Court. On query, he submits that except the name of applicant shown in document as one of the Director of the company, there is not connecting material. 6. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, period of pre-trial detention, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 8. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. (b) 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. (c) In case, the applicant misuses the liberty of bail during trial andin order to secure her 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. (d) 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. 4 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/-d/- (Parth Prateem Sahu) Judge Dey