1 2025:CGHC:369 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr. C. No. 7749 of 2024 1. Gulshan Kumar Markam, S/o Late Santosh Singh Markam, aged about 24 Years, R/o Village Batra, Police Station Pali, District Korba Chhattisgarh 2. Devendra Kumar Markam, S/o Ramun Singh Markam, aged about 28 Years, R/o Village Karra, Nawadih, Police Station Pali, District Korba Chhattisgarh ---- Applicants Versus State of Chhattisgarh Through The Police Of Police Chowki Chaitma, Police Station Pali, District Korba Chhattisgarh --- Respondent For Petitioners : Shri Rupesh Kumar Dewangan, Advocate. For Respondent : Ms. Supriya Upasane, G.A.. For Objector : None appeared. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/01/2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.01.04 13:25:22 +0530 2 204/2024 registered at Police Station – Chowki Chaitma, Pali, District – Korba (C.G.), for the offence punishable under Sections 420 of the IPC. 2. Case of the prosecution, in brief, is that, on 27.02.2024 the complainant was lodged a written report before Superintendent of Police, Korba, District – Korba, that the accused Gulshan Kumar Markam and Devendra Kumar Markam took Rs.530000/- from the complainant by deceiving her regarding the Government Job of Fieldman Field Guard through Professional Examination Board, Raipur but they did not provide the government job nor they returned the amount to the complainant. After investigation Police has registered the case against the applicants for the commission of offence punishable under Section 420 of the IPC. 3. Learned counsel for the applicants submit that the present applicants are innocent persons who have been falsely implicated in the aforementioned case. He submits that there they have no previous antecedent. He further submits that the applicants are in jail since 19.10.2024, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicants. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the fact and circumstances of the case, nature and gravity of offence and the applicants are in jail since 3 19.10.2024, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. Let the applicants – Gulshan Kumar Markam and Devendra Kumar Markam, involved in Crime No. 204/2024 registered at Police Station – Chowki Chaitma, Pali, District – Korba (C.G.), for the offence punishable under Sections 420 of the IPC, be released on bail on their furnishing a personal bond with two sureties each, in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance 4 with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberated or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Ashish