1 2025:CGHC:472 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8850 of 2024 1 - Jagdish Kashyap S/o Late Goverdhan Kashyap Aged About 42 Years R/o No. 10 Munund Police Station Janjgir District - Janjgir - Champa (C.G.) 2 - Ramvilas Kashyap S/o Shri Dukhuram Kashyap Aged About 38 Years R/o No. 10 Munund Police Station Janjgir District - Janjgir - Champa (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Janjgir District - Janjgir - Champa (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Devershi Thakur holding the brief of Mr. Vivek Kumar Shrivastava, Advocate. For Non-Applicant(s) : Mr. Malay Jain, 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 applicants who have been arrested in 2 connection with Crime No. 768/2024 registered at Police Station Janjgir District - Janjgir - Champa (C.G.) for the offence punishable under Sections 318(4)/3(5) and 61(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant mentioned that, the applicant/accused and other co-accused together got an agreement executed on 17.03.2023, to return the amount and get the land registration declared null and void. The complainant asked co-accused Jagdish to return the amount, and on 19.02.2023, an agreement was executed on a stamp paper to pay the loan installment and return the entire amount within four years, which was given to the complainant. However, till date the amount has not been returned to complainant. Thereafter, the offence has been registered against the applicants. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the applicants have no criminal antecedents, further the applicants are permanent resident of Janjgir-Champa and there is no chance of absconding or tempering with the witnesses, also they are ready to abide all the conditions which this Court may imposed upon them. The applicant No.1 is in jail since 30.10.2024 and applicant No.2 is in jail since 03.11.2024, the applicants have 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 applicants. 4. On the other hand, learned State Counsel appearing for the 3 respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicants have committed fraud with the complainant in collusion with Branch Manager in the name of selling land which is not situated at Shubhkamna City, but it is an agriculture land and is not diverted for residential purpose, further the applicant No.1 has two criminal antecedents of the years 2010 and 2024 and applicant No.2 has no criminal antecedent, therefore, the applicants are 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 No.1 since 30.10.2024 and applicant No.2 since 03.11.2024, the fact that though the applicants have committed fraud with complainant in collusion with Branch Manager in the name of selling land which is not situated at the place where applicants promised, instead that they provided the complainant land which is not diverted for residential purpose, but the applicant No.1 has two criminal antecedents, out of which, one is of the year 2010, which is old and stale, besides this, the applicant has only one criminal antecedent, which is of the year 2024 and applicant No.2 has no criminal antecedent, charge-sheet has been filed, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Let the Applicants-Jagdish Kashyap and Ramvilas Kashyap, 4 involved in Crime No. 768/2024 registered at Police Station Janjgir District - Janjgir - Champa (C.G.) for the offence punishable under Sections 318(4)/3(5) and 61(2) of BNS, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, 5 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 applicants are 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 Kunal