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2025 DAILYLAW 36505 (CHH)

RANJIT KUMAR CHOUHAN v. STATE OF CHHATTISGARH

MCRC/6118/2025 · 2025-08-03

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1 2025:CGHC:38495 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6118 of 2025 • Ranjit Kumar Chouhan S/o Nathuram Chouhan Aged About 29 Years R/o Dumarpali P.S. Chakradhar Nagar District- Raigarh (C.G.) (Correctly Mentioned) .. Applicant versus • State Of Chhattisgarh Through S.H.O.P.S. Chakradhar Nagar Raigarh Tahsil And District- Raigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ankit Singh, Advocate For Respondent/State : Dr. Saurabh Kumar Pande, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/08/2025 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. 211/2025 registered at Police Station- Chakradhar Nagar, District-Raigarh (C.G.), for the offence punishable under Sections 318(4), 336, 338(3), 340(3) and 3(5) of BNS. 2. As per prosecution story in brief is that one complainant Anita Sahu is the director of Mahanadi Agro Farmer Producer Company. In the month of November 2024, through Suresh Wani and Chhabi Banjare, acquaintances of the applicant, it was told that the present applicant, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.06 10:44:08 +0530 2 (who is the director of Aseem Kripa Foundation, got a tender for NABARD project from National Bank for Agriculture and Rural Development (NABARD). The said tender was said to be of 6 crores. The company was told to benefit by supplying material in the said tender. Sunil Kashyap, Abhishek Devangan, Manharan Patel called the applicant and other people of the company to Raigarh and introduced them to Present Applicant. The Present Applicant told the victims that he has got a tender of Rs 6 crore from NABARD, which he will give to a local registered company for work. When the victims expressed interest in completing the tender due to a big order, Present Applicant said that Rs 50 lakhs have to be paid before getting the order. A security deposit has to be made. In order to convince the victim, Present Applicant showed him a copy of the tender and also gave him a cheque of Rs. 50 lakhs. This influenced the victim. The Board of Directors of Mahanadi Agro Farmer Producer Company transferred Rs 27 lakhs to the account of Aseem Kripa Foundation between 20/11/2024 and 05/01/2025. When the complainant presented the cheque then t is how the Applicant along with the main the cheque got dishonored and a FIR was registered against the present applicant as per the prosecution story. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and there is five months delay in the lodging the FIR and there are multiple contradictions in the statement of the complainant in the FIR. He further submits that applicant has three previous criminal antecedent, in which he has already been granted anticipatory bail by this Court in MCRCA No. 507 of 2025 vide order dated 11.04.2025, in MCRCA No.685 of 2025 vide order dated 09.05.2025 and regular bail in MCRC No. 4668 of 3 2025 vide order dated 19.06.2025. in the present case applicant is in jail since 21.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 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 and applicant has three previous criminal antecedent, in which he has already been granted anticipatory bail by this Court in MCRCA No. 507 of 2025 vide order dated 11.04.2025, in MCRCA No.685 of 2025 vide order dated 09.05.2025 and regular bail in MCRC No. 4668 of 2025 vide order dated 19.06.2025, but looking to the conduct of the applicant, he is not entitled for grant of 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, nature and gravity of allegation levelled against the applicant, considering the fact that applicant has three previous criminal antecedent, in which he has already been granted anticipatory bail by this Court in MCRCA No. 507 of 2025 vide order dated 11.04.2025, in MCRCA No.685 of 2025 vide order dated 09.05.2025 and regular bail in MCRC No. 4668 of 2025 vide order dated 19.06.2025, in the present case he is in jail since 21.05.2025 and the charge-sheet has been filed, 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 – Ranjit Kumar Chouhan, involved in Crime No. 211/2025 registered at Police Station-Chakradhar Nagar, District- 4 Raigarh (C.G.), for the offence punishable under Sections 318(4), 336, 338(3), 340(3) and 3(5) of BNS, be released on bail on their 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 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 5 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali