1 2025:CGHC:41587 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6499 of 2025 Rajesh Sahu, Aged About 38 Years S/o Rameshwar Sahu R/o Ward No. 5 Indira Nagar, Dongargarh, District- Rajnandgaon C.G. ... Applicant versus State Of Chhattisgarh Through The Inspector, Police Station Kotwali, District Rajnandgaon C.G ... Respondent For Applicant : Shri Amit Buxy, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/08/2025 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.258/2025 registered at Police Station Kotwali, Rajnandgaon (C.G.) for the offence punishable under Section 318(4) of B.N.S 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.19 17:25:54 +0530 2 2. Case of the prosecution, in brief, is that Sub-Inspector P.S Kotwali, Rajnandgaon has lodged a FIR under Section 318(4) of B.N.S, 2023 on the basis of a complaint filed by the complainant that the Applicant has obtained a total sum of INR 17 Lakhs from the Complainant and four others from 23/09/2022 to 26/05/2025 (Over a period of 3 years) on the pretext of providing them Government Service in the Railway Department. It has also been alleged that the amount of 17 Lakhs has been obtained by the Applicant in part by Cash and in part by Online transaction in his Bank Account. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He would submit that the allegation against the applicant is that he has obtained a total sum of Rs.17 lakhs from the complainant and four others on the pretext of providing job. He would further submit that the applicant himself is unemployed and implication of present applicant is without proper enquiry and fair investigation and contents of the FIR are self- contradictory and the police have not mentioned any fact attributed towards the present applicant. He would submit that there is no seizure from Applicant, in-fact, on the other hand the police have without due verification being hand in glove with the complainant have falsely implicated the present Applicant. He would submit that the charge sheet has been filed in this case, applicant has no criminal antecedents and he is in jail since 27/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the prayer for grant of bail and he would submit that charge sheet has been filed in this 3 case. He would further submit that the applicant has no criminal antecedents. 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 of allegation levelled against the applicant, applicant has no criminal antecedents, charge sheet has been filed in this case, period of detention of the applicant since 27/05/2025 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- Rajesh Sahu, involved in Crime No.258/2025 registered at Police Station Kotwali, Rajnandgaon (C.G.) for the offence punishable under Section 318(4) of B.N.S 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 4 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 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