1 2025:CGHC:47791 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6469 of 2025 Mithalesh Kumar Sahu S/o Baijnath Sahu Aged About 32 Years (Wrongly Mentioned Aged About 56 Years In Annexure A-1), R/o Village Pandrapath, P.S. Sanna, District Jashpur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Sanna, District Jashpur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Manoj Chauhan, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.09 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 53/2025, registered at Police Station – Sanna, District Jashpur (C.G.) for the offence punishable under Sections 3(5) and 318(4) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution's case, the complainant lodged a complaint at the concerned police station, alleging, inter-alia, that he had a PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.18 18:53:57 +0530 2 good relationship with the accused persons and the accused obtained an amount of Rs.80,000/- from the complainant under the pretext of transporting his rice from Ranchi to his native place. However, the accused persons failed to do so. Based on this complaint, the police registered an FIR against the accused persons and the applicant under Sections 3(5) and 318(4) of the Bharatiya Nyay Sanhita. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that only on the basis of merely suspicion, the applicant has involved as accused in connection of crime based upon the false and baseless allegation. He further submits that the applicant has one criminal antecedent registered as Crime No. 133/2025 for the offence punishable under Section 318(4) of the Bharatiya Nyay Sanhita, in which the applicant was granted bail by order dated 29.07.2025, on the basis of a compromise affidavit executed by the complainant. He further submitted that the charge-sheet has been filed in this case and the applicant is in jail since 04.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the 3 applicant, and the fact that the applicant has one previous criminal antecedent, in which compromise has been done, further the charge-sheet has been filed in the present case and the applicant is in jail since 04.07.2025, and the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 7. Accordingly, the bail application is allowed. Let applicant - Mithalesh Kumar Sahu, involved in Crime No. 53/2025, registered at Police Station – Sanna, District Jashpur (C.G.) for the offence punishable under Sections 3(5) and 318(4) of Bharatiya 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. (iii) In case, the applicant misuses the liberty of bail 4 during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti