1 2025:CGHC:45077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5544 of 2025 Dheeraj Rawat S/o Shri Chatarsingh Rawat, Aged About 30 Years R/o K - 77, Vijay Vihar Rohini, Sector - 04, Thana Vijay Vihar District West (Delhi) ... Applicant versus State Of Chhattisgarh, Through Station House Officer Police Station - Kanker, District North Bastar Kanker C.G. ... Respondent For Applicant : Shri Sunil Sahu, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/09/2025 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.133/2025 registered at Police Station Kanker, Distt- North Bastar Kanker (C.G.) for the offence punishable under Section 308(5) of BNS, 2023. 2. Case of the prosecution, in brief, is that complainant Smt. Meera Sahu lodged the written report on 06.05.2025 with the averment that on 26.11.2024 she had a consultation regarding her family issues with one GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.04 18:02:27 +0530 2 Raghvendra Acharya and the present applicant after watching a program in television in the contact numbers provided therein and for the said consultation she initially transferred Rs. 3,100/- and thereafter she was threatened with various excuses that if she will not conduct the hawan (Pooja) of the specific amount then any member of her family may die therefore she transferred a total sum of Rs. 28,52,002/- on different dates from 04.12.2024 to February 2025 and on the basis of the said report the offence was registered and the amount has been transferred in the account of Rawat Creation which belongs to the applicant, therefore the thana police called him and he appeared before the police and given his readiness and willingness to return the amount, police has recorded his memorandum and after completion of the investigation the charge sheet has been filed. 3. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this case. He would submit that the complainant has deposited the amount after having conversation with the unknown person by getting the contact number from the television program and the applicant has no concern with either the complainant or the persons who have had conversation with her and the account of his firm i.e. Rawat Creation has been used therefore the applicant with the permission of the trial court returned the amount in the account of complainant and her daughter. He would submit that the investigation has been completed and charge sheet has been filed, the applicant does not have any antecedents, therefore there is no chance of tampering with the evidence as the amount involved in the case has already been deposited in the account of complainant and her 3 daughter, applicant is in jail since 23/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, further the fact that applicant with the permission of the trial court returned the amount in the account of complainant and her daughter, period of detention of the applicant since 23/06/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Dheeraj Rawat , involved in Crime No.133/2025 registered at Police Station Kanker, Distt- North Bastar Kanker (C.G.) for the offence punishable under Section 308(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 4 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 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 gouri