1 2025:CGHC:45387 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5659 of 2025 • Jayprakash Baghel S/o Panchram Baghel, Aged About 31 Years R/o - Village Berekel, P.S. Basna, District- Mahasamund (C.G.) ...Applicant versus • State of Chhattisgarh Through Police Chowki, Bhawarpur, P.S.- Basna, Distt. - Mahasamund (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Dashrath Kushwaha, Advocate For Respondent/State : Mr. Malay Jain, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/09/2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’). for grant of regular bail, as he has been arrested in connection with Crime No.188/2025, registered at Police Chowki – Bhawarpur, Police Station - Basna Dist.- Mahasamund (CG) for the offence punishable under Section 420 of IPC corresponding Section 318 of BNS. 2. The prosecution story in brief, is that, complainant has made complaint to the concerned Police Station alleging that accused person has committed financial irregularities by making fake VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.06 17:48:23 +0530 2 bills in the name of cow dung purchase and has withdrawn money of Rs. 3,59,548/- from Government cow donation and transferred the said amount in his own account. Hence, this bail application. 3. It was argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He also submits that neither the applicant transferred any amount in the name of cow dung purchase nor he is employee of the cow dung purchase center at Berekel. The applicant is in jail since 27.06.2025, 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 applicants. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that according to charge-sheet applicant has no criminal antecedent, therefore applicant is not entitled for grant of regular bail. 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 and the fact that charge-sheet has been filed and no further investigation is required to be done and fact that there is no material evidence collected by the prosecution the applicant is in jail since 27.06.2025, he has no criminal antecedent and the conclusion of the trial would take some time, this Court is of the view that the applicants are entitled to 3 be released on bail in this case. 7. Let the Applicant- Jayprakash Baghel, involved in Crime 188/2025, registered at Police Chowki – Bhawarpur, Police Station - Basna Dist.- Mahasamund (CG) for the offence punishable under Section 420 of IPC corresponding Section 318 of BNS, be released on bail on his furnishing a personal bond with two sureties each 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 law, under 4 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 copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali