1 2025:CGHC:43916 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6792 of 2025 Nand Kumar Sahu S/o Shri Jawahar Sahu Aged About 47 Years R/o Village Aokhar, Police Station Masturi, District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station - Civil Line, District - Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Hemant Kesharwani, Advocate For Non-applicant/State : Mr. Atanu Ghosh, Deputy G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.08.2025 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. 517/2025 registered at Police Station Civil Line, District - Bilaspur (C.G.) for the offence punishable under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code. 2. Case of the prosecution, in brief, is that on a written complaint made by the complainant namely Alban Toppo, it was alleged that certain insurance policies were issued in the name of Smt. Santoshi Sahu RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 bearing Policy No. 366517820. After the death of the policy holder, the nominee obtained a death certificate and initiated the process of death claim. The claim amount was released, however, upon a suspicious enquiry, it was revealed that the documents submitted by the beneficiary were forged. Thereafter, an FIR was registered against the policy agent, beneficiary and other persons involved. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that similarly situated co-accused person, namely, Rajesh Kumar Sharma has already been granted bail by this Court vide order dated 20.08.2025 in MCRC No. 4599/2025. He also submits that the applicant has no criminal antecedent and he is in jail since 09.05.2025, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He also submits that an insurance policy was issued in the name of Smt. Santoshi Sahu (Policy No. 366517820), after her death, the nominee obtained the death claim on the basis of forged documents. During enquiry, the forgery was revealed and thereafter an FIR was registered against the present applicant (insurance agent), the beneficiary, and other co-accused persons. Therefore, the present applicant is not entitled for grant of bail. 3 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 offence, period of detention of the applicant since 09.05.2025, the fact that an insurance policy was issued in the name of Smt. Santoshi Sahu (Policy No. 366517820) and after her death, the nominee obtained the death claim on the basis of forged documents, during enquiry, the forgery was revealed and thereafter an FIR was registered against the present applicant (insurance agent), the beneficiary, and other co-accused persons, but other co-accused person, namely, Rajesh Kumar Sharma has already been granted bail by this Court vide order dated 20.08.2025 in MCRC No. 4599/2025 and the case of present applicant is identical to that of the co-accused persons, further the applicant has no criminal antecedent and the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant- Nand Kumar Sahu, involved in Crime No. 517/2025 registered at Police Station Civil Line, District - Bilaspur (C.G.) for the offence punishable under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code, 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:- 4 (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 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 5 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 Rahul Dewangan