1 2025:CGHC:32090 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5356 of 2025 1 - Jagdish Binjhwar S/o Vishal Binjhawar Aged About 35 Years R/o Village Biratarai, P.S. Urga, Tahsil Barpali, District Korba Chhattisgarh 2 - Smt. Rameshwari Binjhwar W/o Jagdish Binjhwar Aged About 28 Years R/o Village Biratarai, P.S. Urga, Tahsil Barpali, District Korba Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Urga, District – Korba, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Nishikant Sinha, Advocate. For Non-applicant/State : Dr. Sourabh Pandey, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2025 1. The applicants have preferred this First Bail Application 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. 152/2025, registered at Police Station – Urga, District – Korba (C.G.) for the offence punishable under Sections 420, 406 and 34 of the Indian Penal Code (for short, IPC). RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. The case of the prosecution, is that the complainant has made written complaint to the concerned Police Station alleging that the applicants have withdrawn compensation amount of Rs. 22,48,646/- in the name of complainant’s land from ICICI Bank, but the applicants did not return the said amount to the complainant. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is no criminal antecedents registered against the present applicants. It is further submitted that the charge-sheet has been filed in this case and two co-accused persons have been granted anticipatory bail by this Court vide orders dated 20.05.2025 and 17.06.2025 passed in MCRCA Nos. 751/2025 and 867/2025. The applicants are in jail since 27.04.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the complainant has made written complaint to the concerned Police Station alleging that the applicants have withdrawn compensation amount of Rs. 22,48,646/- in the name of complainant’s land from ICICI Bank, but the applicants did not return the said amount to the complainant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature 3 and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant and two co- accused persons have been granted anticipatory bail by this Court vide orders dated 20.05.2025 and 17.06.2025 passed in MCRCA Nos. 751/2025 and 867/2025, the applicants are in jail since 27.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Jagdish Binjhwar and Smt. Rameshwari Binjhwar, involved in Crime No. 152/2025, registered at Police Station – Urga, District – Korba (C.G.) for the offence punishable under Sections 420, 406 and 34 of the IPC, 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar