1 2025:CGHC:938 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8994 of 2024 1 - Vijay Ahuja S/o Shri Krishnachandra Aged About 35 Years R/o Changorabhata, Raipur, District Raipur (C.G.) … Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Sarkanda, District Bilaspur (C.G.) ... Respondent(s) For Applicant : Mr. Syed Afaque Hussain Rizvi, Advocate For State : Mr. Pramod Ramtekes, Panel Lawyer (Hon'ble Shri Parth Prateem Sahu, Judge) Order on Board 07/01/2025 1. Applicant has filed this first bail application under Section 483 of B.N.S.S., 2023 for grant of regular bail as he is arrested in connection with Crime No. 25 of 2024 registered at Police Station – Sarkanda, District – Bilaspur, Chhattisgarh for the offences punishable under Sections 420, 406, 467, 468, 471 and 34 of the I.P.C., 1860. 2. Case of the prosecution, in brief, is that complainant lodged report in the concerned Police Station stating that Sanjeev Mishra, husband of complainant, has entered into an agreement of rent of Vehicle Swift Dezire bearing No. CG-10-BF-4115 with one Pawan Khatri. Pawan Khatri has sold the vehicle to some other person and upon verifying the status of vehicle in R.T.O., it revealed that Pawan Khatri has sold the vehicle to Akash Mishra, co-accused. In the sale letter issued in favour of Akash Mishra, forged signature of Shanti Mishra was endorsed and has accepted sale consideration of Rs. 3,50,000/-. Incident was 2 reported to the concerned Police Station, based upon which, aforementioned crime was registered. During course of investigation, applicant was also arrested based on the memorandum statement of co-accused and applicant himself and thereafter memorandum statement of applicant was also recorded.s 3. Learned counsel for applicant submits that the applicant has been falsely implicated in the crime. He is innocent and has not committed any crime. Applicant was arrested only on the memorandum statement of co-accused. No other connecting piece of material / evidence is available against him. Applicant is in jail since 28.09.2024, hence, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission of learned counsel for the applicant and would submit that as per allegation, applicant impersonated himself as Sanjeet Mishra, son of Shanti Mishra (owner of the vehicle). However, upon asking as to what is the material collected by the Police during investigation, he submits that no document is available in the case diary showing that applicant impersonated himself to be Sanjeet Mishra, however, he submits that there is admission of guilt in the memorandum statement of applicant and as per memorandum statement of co-accused, applicant impersonated himself to be Sanjeet Mishra. 5. I have heard learned counsel for the parties. 6. Taking into consideration the facts and circumstances of the case, nature of allegation, submission of learned counsel for the respective parties, period of pre-trial detention of the applicant, without commenting anything on merit of the case, I am inclined to enlarge the applicant on bail. 3 7. Accordingly, the bail application is allowed. It is directed that the applicants shall be released on regular bail, upon furnishing a bail bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that - (a) 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. (b) 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 sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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. (d) 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 sufficient 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Shayna JUDGE