1 2025:CGHC:363 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7275 of 2024 Dilip Kumar Tandon S/o Shri Gangaram Tandon Aged About 34 Years R/o Village - Chanamuda, Police Station - Koshir, Tehsil - Sarangarh, Distt - Saranagarh-Bilaigarh, Chhattisgarh. ... Applicant versus State of Chhattisgarh Station House Officer, Police Station Sarangarh, Distt - Saranagarh-Bilaigarh, Chhattisgarh. ...Non-applicant For Applicant : Mr. Sunil Sahu, Advocate For Non-applicant : Mr. UKS Chandel, Deputy Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.01.2025 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. 553/2024 registered at Police Station Sarangarh, District - Sarangarh-Bilaigarh (C.G.), for the offence punishable under ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.01.04 13:19:31 +0530 ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.01.04 13:21:51 +0530 2 Sections 420, 467, 468, 471, 409, 120-B r/w 34 of Indian Penal Code, 1860. 2. Case of the prosecution, in brief, is that the complainant Sanjay Kumar Sahu, Bank Manager, Apex Bank Sarnagarh lodged the written report on 19.07.2024 against the present applicant along with 3 other persons who were the employee of the Adim Jati Seva Sahakari Samiti alleging that he received the information from the Collector that the accused persons have updated the K.C.C. loan in the accounts of the farmers in false and fabricated manner and withdrew the fertilizer from that fund and sold the fertilizer in the open market. They have also committed fraud to the farmers by updating false information in the loan accounts, so on that basis the enquiry was conducted and a report is submitted mentioning that the fertilizers were not purchase by the agriculturist and they have not obtained the KCC Loan, therefore upon instructions of the Collector, the complainant lodged the report against the employee of the society and name of the applicant is implicated as he was working as Society manager and having the lack of supervision over the other responsible employee. Thereafter, the aforesaid offences have been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in 3 this case. He further submits that there is no documentary proof against the applciant to connect him in the crime in question. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedent, the applicant is in jail since 15.08.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has committed offence of cheating of Rs.2,19,549/-, therefore, he is not entitled for grant of bail. 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 and gravity of allegation levelled against the applicant and the fact that the applicant has no criminal antecedent, charge- sheet has been filed and present applicant is in jail since 15.08.2024, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Dilip Kumar Tandon, involved in Crime No. 553/2024 registered at Police Station Sarangarh, District - 4 Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 420, 467, 468, 471, 409, 120-B r/w 34 of 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 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 5 accordance with law, under Section 174-A of the Indian Penal Code. (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 313 Cr.P.C. 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Anu