1 2025:CGHC:44685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6968 of 2025 • Anos Das S/o Late Eliya Das Aged About 52 Years R/o Vinoba Bhave Nagar, Rajatalab Civil Line, District - Raipur (C.G.) ...Applicant versus • State of Chhattisgarh Through Police Station Civil Line, District - Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pankaj Singh, Advocate For Respondent : Mr. Atanu Ghosh, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/09/2025 1. This is the Second 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. 155/2025 registered at Police Station-Civil Line, District-Raipur (C.G.), for the offence punishable under Sections 318(4), 336(3), 340(1), 340(2) of BNS, 2023. 2. The first bail application filed by the applicant in MCRC No.6456 of 2025 was dismissed as withdrawn with liberty to file afresh vide order dated 18.08.2025. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.04 10:49:28 +0530 2 3. As per prosecution story in brief is that co-accused Vijay Kumar Yadav impersonated himself as a Sub-Engineer of NH-20 and mis- leaded the complainant by promising him that he will provide government employment in the Public Works Department to him. He induced the complainant and another person to pay a total of Rs.4,00,000/- in multiple installments for securing appointments. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It is argued by learned counsel for the applicant that applicant is a typist and only allegation levelled against him is that he received Rs.10,000/- per person for preparing fake appointment letters of the PWD. At the instance of the co- accused Vijay Kumar Yadav impersonated himself as a Sub-Engineer of NH-20 and misleaded the complainant by promising him that he will provide government employment in the Public Works Department to him, he had taken Rs.26 Lakhs in total from eight different persons. He also submits that in the present case, applicant is in jail since 23.04.2025 and he has no criminal antecedent, the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. 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 He further submits that co-accused namely Vijay Kumar Yadav bail application has been rejected by this Court in MCRC No.4934 of 2025 vide order dated 30.07.2025. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, considering the fact that applicant is a typist and he received Rs.10,000/- per person for prepared fake appointment letters, main allegation levelled against co-accused Vijay Kumar Yadav, who impersonated himself as Sub-Engineer of NH-20 and misleaded the complainant by promising him that he will provide government employment in the Public Works Department to the complainant and his bail application rejected by this Court in MCRC No.4934 of 2025 vide order dated 30.07.2025. Applicant is in jail since 23.04.2025, looking to his detention period, the charge-sheet has been filed, 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. 8. Let the applicant – Anos Das, involved in Crime No.155/2025 registered at Police Station-Civil Line, District-Raipur (C.G.), for the offence punishable under Sections 318(4), 336(3), 340(1), 340(2) of BNS, 2023, be released on bail on their 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 4 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 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 send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali