1 2025:CGHC:40524 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6379 of 2025 Wasim Qureshi S/o. Mohammad Kumar Qureshi, Aged About 26 Years R/o. Najarlal Para, P.S. Sirgitti, District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Sirgitti, District Bilaspur (C.G.) ... Respondent For Applicant : Ms. Madhunisha Singh, Advocate. For Respondent/State : Shri Soumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/08/2025 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.171/2025 registered at Police Station Sirgitti, District Bilaspur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.13 18:58:02 +0530 2 3(5) of Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant Rajesh Pandey, Patwari, lodged a written complaint at Police Station Sirgitti, District Bilaspur on 08.04.2025, alleging that a government land situated at Mouza Sirgitti, bearing Khasra No. 675/3 (admeasuring 258 sq. meters), which had been allotted to Bajrang Kori and Ganesh Kori, was involved in a transaction wherein a possession certificate is stated to have been prepared. It is alleged that on the basis of this certificate, a mortgage deed was executed in favor of AU Small Finance Bank Ltd. on 21.01.2025, and a loan amount of Rs.20,55,488/- was sanctioned. On the basis of the said complaint, Crime No. 171/2025 was registered under Sections 318(4), 338, 336(3), 340(2), 3(5) BNS, and after investigation, the charge sheet has been filed. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. She would submit that the applicant is not the main beneficiary of the alleged transaction and the loan amount was not received or utilized by him. She would further submit that co-accused person namely Ganesh Kumar Kori has been granted regular bail by this Court in MCRC No.6007/2025 on 31/07/2025. She would further submit that charge sheet has been filed, he is in jail since 08/04/2025 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. He would submit that charge sheet has been filed in this case and there is no criminal antecedents of the applicant. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the facts and circumstances of the case, considering the fact that co-accused person namely Ganesh Kumar Kori has been granted regular bail by this Court in MCRC No.6007/2025 on 31/07/2025, period of detention of the applicant since 08/04/2025, there is no criminal antecedents of the applicant and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Wasim Qureshi, involved in Crime No.171/2025 registered at Police Station Sirgitti, District Bilaspur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 3(5) of Bhartiya Nyaya Sanhita, 2023, 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. 4 (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 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 gouri