1 2025:CGHC:731 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9116 of 2024 Sudama Das S/o Samal Das Aged About 45 Years Occu- Agriculture R/o Village Kerakachhar, Bardipa, Marol, P.S. And Tehsil Bagicha, District Jashpur, C.G. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Lundra Outpost Raghunathpur District- Surguja, C.G. ... Non-Applicant For Applicant : Mr. Nishi Kant Sinha, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.01.2025 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. 222/2024, registered at Police Station – Lundra, Outpost – Raghunathpur, District- Surguja (C.G.) for the offence punishable under Section 318(4) of Bharatiya Nyay Sanhita, 2023. 2. The case of the prosecution story, it is alleged that the complainant and her husband came into contact with the applicant at a shop, and PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.07 12:26:31 +0530 2 thereafter, applicant allured the complainant and her husband for providing job at Collector OfÏce Ambikapur and demanded money on which the complainant and her husband have paid amount of RS. 4,00,000//- on different dates through UPI and cash, and thereafter the applicant fled away. Hence, this offence. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant has no criminal antecedents. It is further submitted that the applicant has been made accused alleging that he has allured the complainant for providing job to her and her husband after meeting them at Corn Shop and on such promise the complainants have deposited small-small amounts of Rs. 2,000, 3,000 on various dates to the total tune of Rs. 4 lakh, such allegation goes to show that the complainants cooked up the story of providing job by the applicant and only to recover the amount given to the applicant they have lodged a false report of civil transaction. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 27.09.2024 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 opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the applicant allured the complainant and her husband for providing job at Collector OfÏce Ambikapur and demanded money on which the complainant and her husband have paid amount of Rs. 4,00,000//- on different dates through UPI and cash, and thereafter the applicant fled away, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the 3 documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, the charge-sheet has been filed against the applicant, the applicant is in jail since 27.09.2024 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, Sudama Das involved in Crime No. 222/2024, registered at Police Station – Lundra, Outpost – Raghunathpur, District- Surguja (C.G.) for the offence punishable under Section 318(4)of Bharatiya Nyay Sanhita, 2023, 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 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, 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti