1 2025:CGHC:43390 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6723 of 2025 Gautam Netam S/o Late Shri Fagava Ram Netam Aged About 29 Years R/o Village Nayakbandha, Tah. Abhanpur, Distt. Raipur C.G. ... Applicant versus State Of Chhattisgarh Through Police Station E O W/ A C B, Raipur District Raipur C.G. ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Dr. Saurabh Pandey, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/08/2025 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.42/2025 registered at Police Station EOW/ACB, Distt. Raipur (C.G) for the offence punishable under Sections 7, 12 of PC Act,1988. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.28 18:12:26 +0530 2 2. Case of the prosecution, in brief, is that on 16.06.2025 a written complaint was made by one Jayvardhan Baghel, that the accused who was holding the post of Patwari (Pushpendra Kumar Gajpal), at the Village Gotiyardih, Raipur (C.G.), demanded a sum of Rs. 5,000/- from the Complainant in lieu of getting his name mutated in the land situated within the jurisdiction of accused patwari, for which a bribe of Rs. 5,000/- was demanded by the co-accused for which a trap was led and was caught red handed on 03.07.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant is holding a post of Kotwar and has not demanded any money from the complainant. It was the co-accused person (Pushpendra Kumar Gajpal) who was holding the post of Patwari and demanded the money from the complainant and the present applicant has been implicated in the present crime only because he was present in the office at the time of trap as it has been alleged by the prosecution that the money was handed over to the co-accused through the applicant. He would submit that co-accused Pushpendra Kumar Gajpal has been granted bail by this court in MCRC No.6678/2025 on 25/08/2025. He would submit that applicant is in jail since 03/07/2025 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 do not dispute the fact that co-accused Pushpendra Kumar Gajpal has been granted bail by this court in MCRC No.6678/2025 on 25/08/2025. 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, submission of learned counsel for the parties, considering the fact that co-accused Pushpendra Kumar Gajpal has been granted bail by this court in MCRC No.6678/2025 on 25/08/2025, period of detention of the applicant since 03/07/2025 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- Gautam Netam, involved in Crime No.42/2025 registered at Police Station EOW/ACB, Distt. Raipur (C.G) for the offence punishable under Sections 7, 12 of PC Act,1988, 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 during trial and in order to secure his presence, proclamation under Section 4 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