1 2025:CGHC:36106 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5805 of 2025 Gracesan Pani @ John S/o Nahson Pani, Aged About 31 Years Caste Isai, R/o Shanti Nagar Ward Aakash Nagar Thana Bodhghat Jagdalpur District Bastar C.G. ... Applicant versus State of Chhattisgarh Through P.S. Bodhghat, District Bastar C.G. ... Non-Applicant For Applicant : Mr. Vikas A. Shrivastava, Advocate For Non-Applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.07 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 132/2025, registered at Police Station – Bodhghat, District – Bastar (C.G.) for the offence punishable under Sections 406 and 411 of Indian Penal Code. 2. The case of the prosecution, is that one Suryapal Sharma lodged an oral complaint to the effect that present applicant induces his father Tejpal Sharma that he engaged his car swift bearing registration No. CG 17 KE PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.25 19:32:44 +0530 2 6753 at office of District. Panchayat at the rate of 30,000/- per month. Thereafter his uncle Harsin Soni also financed Eartiga vehicle and given to present applicant in the rent. The present applicant paid the rent some time but later on he neither paid the rent nor handed over the vehicle. On the basis of such complaint FIR has been registered against the present applicant 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant was running a travel business i.e. Goodluck travels and complainant given their car to applicant for his business in rent. Initially, applicant regularly paid their rent but when applicant showing his inability to given rent and told them to took back their vehicle, he falsely lodged FIR against the present applicant. Further, the applicant has one previous criminal antecedent. He also submits that the charge-sheet has been filed in this case. The applicant is in jail since 23.03.2025 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 the charge-sheet has been filed in this case. 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 and gravity of allegation levelled against the applicant and the period of detention of the applicant since 23.03.2025 and the fact the charge-sheet has been filed in this case and conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in this case. 3 7. Accordingly, the bail application is allowed. Let the applicant- Gracesan Pani @ John, involved in Crime No. 132/2025, registered at Police Station – Bodhghat, District – Bastar (C.G.) for the offence punishable under Sections 406 and 411 of Indian Penal Code, 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 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 4 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 Preeti