1 2025:CGHC:38847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6157 of 2025 • Khemraj Pradhan S/o Late Santosh Pradhan Aged About 45 Years R/o Yamini Sadan, Utkarsh Medical, Nahar Road, Mathpuraina, Bhatagaon, Raipur, District- Raipur (C.G.) ... Applicant versus • The State Of Chhattisgarh Through Sho, P.S. Purani Basti, District- Raipur, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rishikant Mahobia, Advocate For Respondent/State : Dr. Sourabh Kumar Pande, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/08/2025 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.13/2025 registered at Police Station Purani Basti, District- Raipur (C.G.) under Sections 420, 467, 468, 471 of the IPC. 2. Case of the prosecution, in brief, is that the complainant namely Smt. Nutan Khampariya in order to purchase land bearing Khasra No. 660/4 area 800 Sq. feet, in which, upon 750 Sq feet duplex house is VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.07 11:24:21 +0530 2 constructed, met with present applicant, who is broker. Since the original owner namely Devanand Sahu was unable to pay the loan amount therefore, property was acquired by the Bank. The complainant was ready to purchase the said property, due to which, she has given a sum of Rs.11,00,000/- to the present applicant but when the registered sale deed was not executed within a period then, the complainant has demanded her amount in which, the present applicant has issued cheque of Rs.7,00,000/- but the same was dishonored as such, the present applicant has cheated the complainant. Hence, FIR has been registered. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and applicant has no role to play in commission of the alleged offence. He further submits that there was dispute with regard to sale/purchase of land between the applicant and complainant, applicant has no criminal antecedents. The applicant is in jail since 18.03.2025 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 no criminal antecedent, 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 and the fact that applicant has no criminal antecedent, there was dispute 3 with regard to sale/purchase of land between the applicant and complainant, he is in jail since 18.03.2025, 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 – Khemraj Pradhan, involved in Crime No.13/2025 registered at Police Station Purani Basti, District- Raipur (C.G.) under Sections 420, 467, 468, 471 of the IPC, 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. 4 (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 forthwith. - Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali