1 2025:CGHC:10936 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8668 of 2024 Dayal Singh S/o Late Shri Thakur J P Singh Aged About 45 Years R/o. Majgaon Road Kawardha, Thana/tahsil- Kawardha, District- Kabeerdham (Chhattisgarh) ... Applicant versus The State of Chhattisgarh Through- District Magistrate, District- Kabeerdham (Chhattisgarh … Non-applicant For Applicant : Mr. Samir Singh, Advocate For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 720/2024, registered at Police Station : Kawardha, District- Kabeerdham, (C.G.) for the offence punishable under Sections 336(2), 338 and 340(2) of the Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that a written report was lodged by Yogdas Sahu. The present applicant produced a letter stating RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 that he had been posted as the In-charge Block Education OfÏcer, Bodla, District Kabeerdham. However, since the credibility of the said order appeared doubtful, an inquiry was conducted regarding its authenticity, and it was ultimately found to be a forged document. Consequently, an FIR was lodged by the complainant. Based on the above facts, an offence has been registered against the applicant/accused under Sections 336(2), 338, and 340(2) of the Bhartiya Nyaya Sanhita. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case, he is not prepared the said forged document. He further submits that the applicant is 45 years old person and he is working as professor in Government High School, Bedrachi, Block Bodla, he is not involved in said crime. He further submits that there is no material on the hand of the prosecution to connect the applicant with the above mentioned crime, earlier one colleague teacher SL Pandro has wanted to remove him from the post out of enmity. He also submits that the present applicant has only one previous criminal antecedent under the IPC which is pending and he is in jail since 27.11.2024 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the non- applicant/State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the present applicant produced a letter stating that he 3 had been posted as the In-charge Block Education OfÏcer, Bodla, District Kabeerdham. However, since the credibility of the said order appeared doubtful, an inquiry was conducted regarding its authenticity, and it was ultimately found to be a forged document, 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 27.11.2024, the fact that though the present applicant produced a letter stating that he had been posted as the In-charge Block Education OfÏcer, Bodla, District Kabeerdham, however, since the credibility of the said order appeared doubtful, an inquiry was conducted regarding its authenticity, and it was ultimately found to be a forged document, but the applicant is 45 years old person and he is working as professor in Government High School, Bedrachi, Block Bodla, he has only one previous criminal antecedent under the IPC which is pending and explained and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Dayal Singh, involved in Crime No. 720/2024, registered at Police Station : Kawardha, District- Kabeerdham, (C.G.) for the offence punishable under Sections 336(2), 338 and 340(2) of the Bhartiya Nyay Sanhita, 2023, 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:- 4 (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. (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 5 of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan