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2025 DAILYLAW 34809 (CHH)

GANESH CHAURSIYA v. STATE OF CHHATTISGARH

MCRC/5483/2025 · 2025-07-30

body2025

Judgment text

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1 2025:CGHC:37699 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5483 of 2025 1 - Ganesh Chaursiya S/o Late Shriram Chaursiya, Aged About 20 Years R/o Near Nageshwar Mandir, Birgaon, P.S. Urla, District Raipur Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station Amanaka, Raipur, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pushpendra Kumar Patel, Advocate For Respondent(s) : Dr. Sourabh Kumar Pandey, Dy. A.G. along with Ms. Vaishali Mahilong, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 31/07/2025 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 126/2025, registered at Police Station Amanaka, District- Raipur, (CG) for the offence 2 punishable under Sections 318, 336(3), 3(5) of BNS, 2023. 2. The prosecution story in brief is that the complainant has made a written complaint to the concerned police station is that the accused persons have prepared forged cover of government hologram wine bottle, due to this, government has losses. Based upon the written complaint, the police has registered the offence under Section 318, 336(3), 3(5) of BNS, 2023. 3. It was argued by the counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant is a property dealer but the applicant has neither been cheating and fraud with the complainant nor committed any aforesaid offences as alleged by the prosecution against him and he has falsely been implicated in this case. The applicant is in jail since 22.04.2025 Also, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, the charge-sheet has been filed and the applicant is in jail since 3 22.04.2025 and, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Ganesh Chaurasiya, involved in Crime No. 126/2025, registered at Police Station Amanaka, District- Raipur, (C.G.) for the offence punishable under Section 318, 336(3) and 3(5) of BNS, 2023 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 cause, the trial court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued 4 and the applicant fail 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 Bhartiya Nyaya Sanhita, 2023. (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 BNSS. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. 8. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima