1 2025:CGHC:402 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8385 of 2024 Ankit Yadav S/o Dhanesh Yadav Aged About 24 Years R/o Near Parpanaka, Geedam Jagdalpur, District : Bastar (Jagdalpur), Chhattisgarh --- Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Karpawand, District Bastar Place Jagdalpur, Chhattisgarh --- Non-Applicant(s) For Applicant(s) : Ms. Manisha Yadav, Advocate. For Non-Applicant(s) : Mr. U.K.S. Chandel, Deputy Advocate General. 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 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. 30/2024 registered at Police Station Karpawand, District Bastar Place Jagdalpur (C.G.) for the offence 2 punishable under Section 318(4) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the present applicant has taken an amount of Rs. 4,35,400/- for providing wood to complainant, but after making payment, the applicant was not receiving call of the complainant, thereafter, the offence has been registered against the applicant. 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. She further submits that the amount was transferred to the main accused against whom, the complainant has been made, only because there was delay in making supply of said wood, the present FIR has been lodged against the applicant. The applicant is in jail since 26.10.2024, the applicant has two criminal antecedents of similar nature, which are pending against him, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant has committed fraud with the complainant, the applicant has taken Rs.4,35,400/- from the complainant and has not supplied the wood, further the applicant is also having two criminal antecedents of similar nature, therefore, the 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 26.10.2024, the fact that though the allegation against the applicant that he has not supplied the said wood in spite of getting payment of Rs.4,35,400/- to the complainant, but the applicant has only two criminal antecedents of similar nature, which are pending against him and charge-sheet has been filed, as such, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Ankit Yadav, involved in Crime No. 30/2024 registered at Police Station Karpawand, District Bastar Place Jagdalpur (C.G.) for the offence punishable under Section 318(4) of BNS, 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 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 sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil