1 2025:CGHC:4061 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8543 of 2024 Manju Patle D/o Vyasnarayan Patle Aged About 35 Years R/o Kamta Bhawan, Ward No. 3, Near High School, Pamgarh, Bhadra, District Janjgir Champa Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Sarkanda, District- Bilaspur Chhattisgarh. ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. For Objector : Mr. C.V.K. Rao, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.01.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 1417/2024, registered at Police Station – Sarkanda, District- Bilaspur (C.G.) for the offence punishable under Sections 420, 506, 34 of Indian Penal Code. 2 The case of the prosecution, is that on 11.11.2024 the complainant, namely, Sharad Chandra Verma has lodged a written a report before PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.23 19:40:40 +0530 2 Police Station Sarkanda stating that the accused, namely, Satish Kumar Sonwani has taken money from complainant for providing job to his wife at Mantralaya, the role of the present applicant is that she introduced the complainant with the accused Satish Kumar Sonwani and upon said complaint the offence was registered against the applicant and other co-accused persons. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case . It is submitted that the present applicant is the cousin of Satish Kumar Sonwani who has taken money from complainant for personal need. He further submits that one Kiran Baghel has lodged F.I.R against the applicant and co-accused person and in that case the applicant has been granted anticipatory bail by this Court on 24.09.2024, thereafter the friend of Kiran Baghel, namely, Sarad Chandra Verma has lodged present F.I.R. He further submitted that after one year ten months of the incident FIR has been registered against the applicant and other co-accused persons. He further submits that the applicant is having one criminal antecedent registered in Crime No. 258/2024 in which the applicant has been granted anticipatory bail by this Court vide order dated 24.09.2024. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 11.11.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel as well Objector opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the applicant along with the co-accused person has cheated the complainant by obtaining money in the name of getting a job by deceit,therefore, he is not entitled for grant of 3 bail. 5 I have heard learned counsel for the parties and perused all of the docu- ments available on record. 6 Taking into consideration the facts and circumstances of the case, na- ture and gravity of allegation levelled against the applicant and the fact that the present applicant is the cousin of Satish Kumar Sonwani who has taken money from complainant for personal need. He further submits that one Kiran Baghel has lodged F.I.R against the applicant and co-ac- cused person and in that case the applicant has been granted anticipa- tory bail by this Court on 24.09.2024, also considering the fact that after one year ten months of the incident, FIR has been registered against the applicant and other co-accused person, further the charge-sheet has been filed and the applicant is in jail since 11.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Manju Patle, involved in Crime No. 1417/2024, registered at Police Station – Sarkanda, District- Bilaspur (C.G.) for the offence punishable under Sections 420, 506, 34 of Indian Penal Code, 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 she 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. 4 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail dur- ing trial and in order to secure her presence, proclama- tion under Section 84 of BNSS. is issued and the appli- cant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate pro- ceedings against her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, be- fore 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 her 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 Preeti