1 2025:CGHC:46356 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6295 of 2025 Manendra Pal S/o Maheshpal Aged About 41 Years Caste- Gaderi, Shop Keeper, R/o Near Shiv Temple Nawapara Road Mohalla Gandhinagar. P.S. Gandhinagar (Rural) Post Office And Tehsil- Ambikapur, District- Sarguja (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer- Gandhinagar, Ambikapur, District- Sarguja (C.G.) ... Non-applicant For Applicant : Mr. Sunil Tripathi, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10.09.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 290/2025 registered at Police Station : Gandhinagar, Ambikapur, District Sarguja (C.G.) for the offence punishable under Sections 3(5), 318(4) of the Bhartiya Nyaya Sanhita, 2023. 2. Prosecution case in a nutshell is that on 16.05.2025, the complainant, Sitara Manikpuri, lodged a complaint at Police Station Gandhinagar (Ambikapur), alleging that accused Madhumita Pal was running self-help ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.11 13:17:55 +0530 2 groups in different wards. It was alleged that the accused had taken loans in the names of the members of such self-help groups, and from each bank she received an amount of about Rs. 40,000–45,000/- out of which she paid only Rs. 10,000/- to the respective members, while assuring them that she herself would take responsibility for repayment of the loan amounts. In this manner, the accused allegedly manipulated about Rs. 15 lakhs from the banks and failed to pay the loan installments. It was further alleged that the co-accused, Manendra Pal (the present applicant), assured repayment of the loan amount by selling his property, but he failed to fulfill the said promise. Thus, both the accused, husband and wife, Manendra Pal and Madhumita Pal, misappropriated the loan amount for their personal use. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant has no role to play in the aforesaid offence. It is his wife who runs the self-help group through which she assists its members in obtaining loans from the bank for the purpose of improving their earnings by supporting their businesses. The complainant has levelled false accusations against the applicant. The true facts are that on 13.03.2025, the complainant, along with other members of the self-help group and their husbands, came to the applicant’s house and raised allegations against his wife regarding non-payment of the loan amount. On this, the applicant assured them that he would speak to his wife and resolve the issue. However, the complainant, being dissatisfied with his response, forced the applicant and his wife to sign certain papers before the Court. When they refused, the complainant and others threatened to file a false case against the applicant and his wife and further threatened to take forcible possession of their house. Being under fear and pressure, the 3 applicant and his wife were compelled to accompany them to the District Court and sign the papers under coercion. The applicant had duly brought these facts to the notice of the Station House Officer, Gandhinagar, through his written complaint dated 10.05.2025, which is filed herewith as Annexure A-3. He also submits that no seizure has been made from the present applicant, nor has any amount been recovered from him. He submits that the present applicant has no criminal antecedents and he is in jail since 02.06.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case and also endorse the submission made by learned counsel, for the applicant that the present applicant has no criminal antecedent. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents. Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 02.06.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Manendra Pal , involved in Crime No. 290/2025 registered at Police Station : Gandhinagar, Ambikapur, District Sarguja (C.G.) for the offence punishable under Sections 3(5), 318(4) of the Bhartiya Nyaya 4 Sanhita, 2023, be released on bail on furnishing a personal bond with two sureties in the like amount 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 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 5 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 Abhishek