1 2025:CGHC:37359 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5948 of 2025 Rahul Sahu Son Of Suklal Sahu Aged About 24 Years Resident Of Village Bhedikona, Police Station And Tahsil Malkharouda District Sakti (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Police Station Jutmill Raigarh , District- Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ishwar Jaiswal, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/07/2025 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. 122/2025 registered at Police Station Jutmill Raigarh , District- Raigarh (C.G.) for the offence punishable under Sections 318(4), 338, 336(3) & 340(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant made a written complaint alleging that the applicant, being a friend of one Khirsagar Shriwas, whom the complainant also knew, had been acquainted with the complainant for four months. The applicant allegedly told the complainant that he was a government contractor and needed bank accounts, offering a commission if the complainant opened an account. The applicant then opened bank accounts in the complainant's name at IDBI Bank Branch Raigarh and Small Finance Bank Raigarh, using the complainant's IDs, and retained the bank kits containing the bank accounts, cheque books, and an Airtel SIM card. It was further alleged that the applicant used the kit, opened the bank account using a forged seal of Sarpanch, and during the investigation, the bank account, mobile, and passbook were seized from the applicant. The applicant was subsequently arrested, and a charge sheet was filed before the concerned Court. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the evidence collected by the prosecution are not prima facie sufficient to hold the applicant guilty of the alleged offence, further, the applicant has neither used the Banck account of the complainant nor committed any fraud by using the bank of complainant. He also submits that the statement of the Sarpanch, whose stamp and seal were allegedly forged, was not recorded during the investigation, and no complaint was made by the Sarpanch. Instead, the complaint was made by the complainant 3 alleging forgery, which remains unsubstantiated. The applicant is in jail since 11.04.2025, the applicant has no criminal antecedent, 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 applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant allegedly opened bank accounts in the complainant's name at IDBI Bank Branch Raigarh and Small Finance Bank Raigarh, using the complainant's IDs, and retained the bank kits with him containing the bank accounts, cheque books, and an Airtel SIM card and used the same to open the bank account using a forged seal of Sarpanch, further there is seizure of bank account, mobile, and passbook were made from the possession of present applicant, therefore, 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 offence, period of detention of the applicant since 11.04.2025, the fact that though the applicant allegedly opened bank accounts in the complainant's name at IDBI Bank Branch Raigarh and Small Finance Bank Raigarh, using the complainant's IDs, and retained the bank kits with him containing the bank accounts, cheque books, and an Airtel SIM card and used the same to open the bank account using a forged seal of 4 Sarpanch, further there is seizure of bank account, mobile, and passbook were made from the possession of present applicant, but the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. Accordingly, the application is allowed. 7. Let the Applicant-Rahul Sahu, involved in Crime No. 122/2025 registered at Police Station Jutmill Raigarh , District- Raigarh (C.G.) for the offence punishable under Sections 318(4), 338, 336(3) & 340(2) of Bharatiya Nyaya Sanhita, 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 5 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 Akhil