1 2025:CGHC:1283 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8148 of 2024 Man Prasad Paikra S/o Shri Balduram Aged About 42 Years R/o Village Kurraha (Asnind), P.S. Kasdol, District Balodabazar-Bhatapara Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Gidhouri Tundra, District Balodabazar Bhatapara Chhattisgarh. ... Non-applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Dy, Adv. Genera. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.01.2025 1. This is the first 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. 194/2024 registered at Police Station Gidhouri - Tundra, District Balodabazar - Bhatapara (C.G.), for the offences punishable under Sections 420, 34 of the of the Indian Penal Code (IPC). 2. The prosecution's story is that Lekhram Sahu filed a report at Gidhouri-Tundra Police Station, Distt. Balodabazar-Bhatapara, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.09 16:46:15 +0530 2 against co-accused Shantanu Bharadwaj and the applicant. Sahu alleged that in 2022-23, he gave them Rs. 8,00,000/- in cash to secure a job in the forest department, but no job was provided, and the amount was not returned. An agreement was signed between complainant and Shantanu Bharadwaj on January 23, 2023, with the applicant signing as a witness. However, instead of investigating the matter properly, the prosecution agency registered an FIR and arrested the applicant and co-accused solely based on complainant’s allegations. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that the applicant himself an unemployed person and he did not have any authority to provide the Job to any of the person and the complainant verywell know that no vacancy has been advertised in any post and no where he has fill up the application form than how the job can be provided because no appointment can be given without completing the appointment process as per the rules. He also submits that the complainant has given the financial help to the co-accused on 19.01.2023 and the agreement has been executed on 23.01.2023 in the said agreement applicant signed as witness but his name has been roped in the array of the accused by the complainant. He also submits that the present applicant has 01 criminal antecedent under the IPC of the year 2023 in which the applicant is on bail. He further submits that the present applicant is in jail since 27.09.2024, and conclusion of the trial may take some time, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application 3 of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the present applicant has 01 criminal antecedent under the IPC, in which the applicant is on bail. Moreover, the fact that the charge - sheet has already been submitted in the present case before the competent Court and he is in jail since 27.09.2024 and conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Man Prasad Paikra, involved in Crime No. 194/2024 registered at Police Station Gidhouri - Tundra, District Balodabazar - Bhatapara (C.G.), for the offences punishable under Sections 420, 34 of the of the Indian Penal Code (IPC), be released on bail on furnishing 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 sufÏcient 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 sufÏcient 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. OfÏce 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 Abhishek