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2025 DAILYLAW 34820 (CHH)

SATISH KUMAR SONWANI v. STATE OF CHHATTISGARH

MCRC/5683/2025 · 2025-07-20

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Judgment text

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1 2025:CGHC:34590 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5683 of 2025 Satish Kumar Sonwani S/o Ramlal Sonwani Aged About 40 Years R/o Gali No. 02, V.V. Vihar, Shankar Nagar Mova Raipur, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Police Station - Sarkanda, Distt.- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1417/2024 registered at Police Station - Sarkanda District Bilaspur (C.G.), for the offences punishable under Sections 420, 506 and 34 of the Indian Penal Code. 2. That, as per the prosecution story in short in brief is that on 11.11.24 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.22 12:53:25 +0530 2 the complainant namely Sharad Chandra Verma has lodged a written report before Police Station Sarkanda stating that the accused namely Manju Patle and present applicant has taken money from complainant for providing job to complainant at Mantralaya, but same has not been provided therefore the complainant has lodged FIR before P.S. Sarkanda District Bilaspur and registered the offence U/S 420 read with 506 Section 34 of I.P.C. against the applicant and other co- accused person. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that there is no direct involvement of the applicant in the alleged crime. He further submits that the applicant is contractor and he has not taken money from the complainant for providing job to to his wife because applicant is not a political person and the wife of complainant is a staff nurse at District Hospital Bilaspur and one accused Manju Patle is also staff nurse at District Hospital Bilaspur and they are having good relation due to which wife of complainant has given money to co-accused Manju Patle and in the case co- accused has also granted bail by this Court in MCRc No. 8543 of 2024. He also submits that the applicant is in jail since 20.02.2025, conclusion of the trial may take some time therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case as the co-accused person, namely, Manju Patle, vide order dated 22.01.2025 in MCRC No. 8543 of 2024, has already been granted regular bail by this Court, further, the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 20.02.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail. 7. Let the Applicant – Satish Kumar Sonwani, involved in Crime No. 1417/2024 registered at Police Station - Sarkanda District Bilaspur (C.G.), for the offences punishable under Sections 420, 506 and 34 of the Indian Penal Code, be released on bail on furnishing 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 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, 4 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav