1 2025:CGHC:39492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6224 of 2025 Yogendra Yadav S/o Bhupal Yadav, Aged About 31 Years R/o Bajrang Chowk, Ward No. 21, Dongargarh, District Rajnandgaon (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through S.H.O., Police Station Dongargarh, Distt. Rajnandgaon (C.G.) ... Respondent(s) For Applicant(s) : Mr. Mayank Chandrakar holding the brief of Mr. Keshav Dewangan, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/08/2025 1. Mr. Mayank Chandrakar, learned counsel holding the brief of Mr. Keshav Dewangan, learned counsel for the applicant submits that Mr. Keshav Dewangan is on legs in another Court arguing the matter for final hearing. He, therefore, prays for permission to argue in the present matter. 2. The prayer made by Mr. Mayank Chandrakar, learned counsel for the applicant is allowed, he is permitted to argue the present matter. 2 3. 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. 117/2025 registered at Police Station Dongargarh, Distt. Rajnandgaon (C.G.) for the offence punishable under Sections 411, 413 and 414 of the Indian Penal Code. 4. Case of the prosecution, in brief, is that on March 29, 2025, an FIR was registered under sections 411, 413, and 414 of the Indian Penal Code against an unknown person. The FIR alleged that a total sum of Rs. 85,600 was deposited into Bank Account No. 5223000006xxxx in multiple transactions between October 9, 2023, and October 23, 2023. During the investigation, it was found that the bank account belonged to the present applicant. The applicant stated that he was directed by one Pankaj Sharma to open the bank account, and Pankaj Sharma promised to pay him some amount. The applicant handed over all the papers related to the bank account to Pankaj Sharma and received Rs. 5,000/-. The police investigated the matter but could not arrest Pankaj Sharma, who absconded. Consequently, the charge-sheet was filed against the present applicant, declaring Pankaj Sharma as an absconder. Hence, the bail application. 5. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that the present FIR has been lodged against the applicant based on a complaint filed by the Home Department stating that an amount of Rs. 85,600/- is alleged to have been 3 deposited in the account belonging to present applicant, but the said amount is transferred into the account of the applicant due to business transaction between the parties. The applicant is in jail since 19.03.2025, 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. 6. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that as per the complaint filed by the Home Department, an amount of Rs. 85,600/- is alleged to have been deposited in the account belonging to the present applicant, the investigation further reveals that the applicant had sold her account in Rs.5,000/- to co-accused, Pankaj Sharma and supplied all papers related to the bank account to him to commit the alleged offence, therefore he is not entitled for grant of bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. From perusal of he case diary, it prima facie appears that as per the complaint filed by the Home Department, an amount of Rs. 85,600/- is alleged to have been deposited in the account belonging to the present applicant, the investigation further reveals that the applicant had sold her account in Rs.5,000/- to co-accused, Pankaj Sharma and supplied all papers related to the bank account to him to commit the alleged offence, but considering the fact that 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 4 is entitled to be released on bail in this case. 9. Accordingly, the application is allowed. 10. Let the Applicant-Yogendra Yadav, involved in Crime No. 117/2025 registered at Police Station Dongargarh, Distt. Rajnandgaon (C.G.) for the offence punishable under Sections 411, 413 and 414 of the Indian Penal Code (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. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of 5 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. 11. 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