1 2025:CGHC:43389 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6733 of 2025 • Mansharam Ashikar S/o Kartikram Ashikar Aged About 58 Years R/o Vill- Mudpar, P.S. Shivrinarayan, District Janjgir-Champa (C.G.) ... Applicant versus • State of Chhattisgarh Through P.S.- Shivrinarayan, Dist. Janjgir- Champa (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Anchal Kumar Matre, Advocate For Respondent/State : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.08.2025 1. This is the Second bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.05/2025 registered at Police Station Shivrinarayan, District Janjgir-Champa (C.G.) for the offence punishable under Sections 420, 467, 468, 201, 34 of IPC. 2. The first bail application filed by the applicant in MCRC No.5345 of 2025 was dismissed as withdrawn with liberty to file afresh vide order dated 08.08.2025. 3. The prosecution story, in brief, is that the applicant is alleged to receive Rs.2,00,000/- in cash by the complainant on pretext of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.28 18:38:30 +0530 2 securing the post of Zone Commissioner at the Municipal Corporation, Bilaspur, based on assurances given by co-accused Vijay Kumar Ashikar, who is applicant’s son. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is further vehemently argued by the learned counsel for the applicant that the present applicant is a father of main accused Vijay Kumar Ashikar and the allegation levelled against the present applicant is only that he has received Rs. 2,00,000/- in cash. He further submits that the whole family of the applicant has been implicated in the present case in order to give criminal color to a civil dispute. He also submits that the co-accused namely Ranjana Ashikar is also granted anticipatory bail by this Court in MCRCA No.235 of 2025. He further submits that applicant has no previous criminal antecedents. The charge sheet has already been filed and he is in jail since 09.06.2025, therefore, it is prayed that the applicant may be enlarged on bail. 5. On the other hand, learned State counsel appearing for the non- applicant/State opposes the bail application and submits that the charge-sheet has already been filed in the present case. He further submits that co-accused Vijay Kumar Ashikar, who is a son of the present applicant has received Rs.20,63,499/- in his bank account, while the present applicant took Rs. 2,00,000/- in cash. In total, Rs. 25,25,399/- was taken from the complainant, and Vija later issued a forged appointment letter, which the complainant discovered upon attempting to join, therefore, this bail application is liable to be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the present applicant and the fact that the present applicant is a father of co- accused Vijay Kumar Ashikar and the allegation levelled against the present applicant is that he has received amount of Rs. 2,00,000/- from the complainant in cash, co-accused namely Ranjana Ashikar is also granted anticipatory bail by this Court in MCRCA No.235 of 2025, looking to the fact that applicant has no criminal antecedents, he is aged about 58 years and he is in jail since 09.06.2025, this Court is of the view that the applicant is entitled to be released on bail in this case 8. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Mansharam Ashikar, involved in Crime No.05/2025 registered at Police Station Shivrinarayan, District Janjgir-Champa (C.G.) for the offence punishable under Sections 420, 467, 468, 201, 34 of IPC, be released on bail on furnishing 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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 4 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. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali