1 2025:CGHC:403 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8423 of 2024 Raj @ Pushpraj Gaikwad S/o Shri Krishna Rao Gaikwad, Aged About 36 Years R/o Om Society, Sundar Nagar, Raipur, Tehsil And District-Raipur (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, P.S.-Kasdol, District-Balodabazar-Bhatapara (C.G.) --- Non-Applicant(s) For Applicant(s) : Mr. Chandresh Shrivastava, Advocate. For Non-Applicant(s) : Mr. S.S. Baghel, Panel Lawyer. 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. 450/2024 registered at Police Station Kasdol, District-Balodabazar-Bhatapara (C.G.) for the offence 2 punishable under Sections 420, 34 of the Indian Penal Code (for short ‘IPC’). 2. Case of the prosecution, in brief, is that an FIR has been lodged by the complainant alleging that the applicant alongwith co-accused allured the complainant for getting admission of his son Sahil Yadav in Jawaharlal Nehru Medical College under management quota, who had participated in NEET Exam have accepted the amount in installment total Rs.40,00,000/-, thereafter, the offence has been registered against the applicant and during investigation memorandum statement of the applicant has been recorded and one Samsung mobile phone has been seized. Hence, the bail application. 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. He further submits that the complainant has given loan to brother of applicant and for which an agreement was executed on 01.05.2024 between them, when brother of applicant gave cheque to complainant which got dishonored, a complaint case has been filed by the complainant as Criminal Case No.978/2024, which is pending before JMFC, Kasdol, Balodabazar, a copy of which is also annexed as Annexure A-3 . He also submits that the incident is of June, 2023 and FIR hs been lodged on 15.10.2024, whereas the complainant has deliberately suppressed the material fact of any justification for delay. The applicant is in jail since 16.10.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 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 alongwith other co-accused person have taken Rs. 40,00,000/- from complainant for getting his son’s admission at Jawaharlal Nehru Medical College under management quota, therefore, the applicant is not entitled for grant of bail. 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 16.10.2024, the fact that though the applicant alongwith other co-accused person have taken Rs.40,00,000/- from the complainant for providing admission to his son at Jawaharlal Nehru Medical College under management quota, but the applicant has no criminal antecedent and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Raj @ Pushpraj Gaikwad, involved in Crime No. 450/2024 registered at Police Station Kasdol, District-Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 420, 34 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 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 4 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. (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