1 2025:CGHC:366 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7679 of 2024 Bhagatram Ratre S/o Shri Dhansay Aged About 60 Years R/o Village - Navagaon, P.S. And Tahsil Malakharauda, District Sakti Chhattisgarh. ... Applicant versus State of Chhattisgarh Through S.H.O., P.S. Malakharauda, District Janjgir Champa Chhattisgarh. (Now District Sakti). ...Non-applicant For Applicant : Mr. Ravindra Sharma, 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 second 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. 211/2024 registered at Police Station Malakhrauda, District - Sakti (C.G.), for the offence punishable under Section 420 of the Indian Penal Code, 1860. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.01.04 13:19:34 +0530 ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.01.04 13:21:55 +0530 2 2. First bail application of the applicant has been dismissed on merits vide order dated 16.08.2024 in MCRC No.5797 of 2024. 3. Case of the prosecution, in brief, is that complainant Dilip Kumar Gabel along with other complainants lodged a written complaint alleging interalia that the applicant has purchased the paddy of the complainant and others, but he has failed to pay the sale consideration of Rs.12,83,000/- and when the complainant and others have demanded the amount, the applicant was avoiding to pay the same as well as when they went to his house, the applicant refused to repay the amount. Thereafter, the aforesaid offence has been registered against the present applicant. 4. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in this case. He further submits that there is no documentary proof against the applicant to connect him in the crime in question. It is further submitted by the learned counsel for the applicant that though the trial was expedited, but the same has not been concluded. He further submits that out of 15 witnesses, only 3 witnesses have been examined and applicant has no criminal antecedent. It has been lastly argued that the applicant is in jail since 05.07.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 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 the applicant has committed offence of cheating, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. 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 05.07.2024, further the conclusion of the trial may take some more time and out of 15 prosecution witnesses, only 3 have been examined, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the applicant – Bhagatram Ratre, involved in Crime No. 211/2024 registered at Police Station Malakhrauda, District - Sakti (C.G.), for the offence punishable under Section 420 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 4 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 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, 5 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. 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. 10. 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