1 2025:CGHC:32081 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5372 of 2025 Mukesh Sahu S/o Utara Kumar Sahu Aged About 44 Years R/o Village Mura Police Out Post Birejhar Police Station Kurud Distt- Dhamtari (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Office P.S. Kurud Distt- Dhamtari (C.G.) ... Respondent(s) For Applicant(s) : Mr. Arun Kumar Shukla, Advocate. For Respondent(s) : Mr. Somya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2025 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. 106/2021 registered at Police Station Kurud Distt- Dhamtari (C.G.) for the offence punishable under Sections 419, 420, 467, 468, 471, 120(B) of the Indian Penal Code (for short ‘IPC’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the applicant and Anwarul Hasan, a land broker, allegedly executed a sale deed for agricultural land in village Khapri in favor of Likyan Walter. It is alleged that they prepared a fake loan book (Rin Pustika) and embezzled Rs. 3,00,000/- from the land purchaser. The applicant was arrested on 18.04.2025. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. The applicant further submits that the matter has been amicably compromised between the parties and the complainant has tendered an affidavit explicitly stating that he has no objection to the bail application of the present applicant. The applicant is in jail since 18.04.2025, the applicant has only one criminal antecedent, which is under the Gambling Act, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith other co-accused persons are allegedly prepared a fake loan book (Rin Pustika) and embezzled Rs. 3,00,000/- from the land purchaser while executing a sale deed, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent under the Gambling Act, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 18.04.2025, the fact that though the applicant in collusion with other co-accused persons has allegedly prepared a fake loan book (Rin Pustika) and embezzled Rs. 3,00,000/- from the land purchaser while executing a sale deed and has criminal antecedent of one case, which is under the Gambling Act, but the matter has been amicably compromised between the parties and the complainant has tendered an affidavit explicitly stating that he has no objection to the bail application of the present applicant, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case, accordingly, the application is allowed. 7. 7. Let the Applicant-Mukesh Sahu, involved in Crime No. 106/2021 registered at Police Station Kurud Distt- Dhamtari (C.G.) for the offence punishable under Sections 419, 420, 467, 468, 471, 120(B) of IPC, 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil