1 2025:CGHC:202 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9036 of 2024 Naresh Agrawal S/o Ved Prakash Agrawal Aged About 55 Years R/o L-2, Vidyanagar, Near Parul Apartment, Police Station Tarbahar, Tehsil And District- Bilaspur ( C.G.). ... Applicant versus State of Chhattisgarh Through - Station Civil Lines Bilaspur, District- Bilaspur ( C.G.). ... Non-applicant For Applicant : Mr. Manoj Paranjape, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Government Advocate. For Objector : Mr. Devendra Pratap Singh, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1120/2024 registered at Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.), for the offence punishable under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code (IPC). 2 2. According to the prosecution, Alban Toppo, Branch Manager of LIC Office Magarpara Bilaspur, lodged an FIR on November 13, 2024. The FIR alleged that the applicant, along with other co-accused individuals, withdrew Rs. 35,98,587/- by providing incorrect information and committing fraud. It was alleged that Omprakash Pandey, the policy holder, had three life insurance policies dated November 28, 2013, January 4, 2018, and January 27, 2021. Ramesh Pandey, Omprakash's brother and nominee, was also accused. The applicant, an LIC agent, allegedly signed the claim application as a witness and submitted it, facilitating the claim. Vijay Pandey, Omprakash's uncle and co-accused, was also involved in the conspiracy. Ramesh Pandey submitted a claim application with incorrect information, stating that Omprakash Pandey died on February 5, 2024. Forged documents were prepared, and the claim was submitted. Consequently, Rs. 10 lacs, Rs. 97,587/- and Rs. 25,00,000/- were disbursed to Ramesh Pandey's account on March 14, 2024, and March 20, 2024. Additionally, three more policies in Omprakash Pandey's name were issued by LIC of India on March 16, 2022, March 28, 2022, and July 6, 2022. Claim applications for these policies were also submitted, citing Omprakash Pandey's death. The investigation revealed that Omprakash Pandey, the policy holder, is still alive. The Branch Manager filed the complaint, and the FIR was lodged on November 13, 2024. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that, it is true, that the applicant is an 3 agent of LIC of India from last more than 25 years and this is the first incident wherein he has been falsely implicated. He also submits that the allegations against the applicant, a LIC agent, are that he submitted the claim application and signed it as a witness. However, the police have not collected any evidence to suggest that the applicant knew Omprakash Pandey was still alive. He further submits that the present applicant has no criminal antecedents and he is in jail since 14.11.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court in the present case. 5. Learned counsel for the objector vehemently opposed the bail application of the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that the applicant has no criminal antecedents and also considering the fact that in the present bail application the charge-sheet has been filed before the competent Court and the applicant is in jail since 14.11.2024 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 8. Let the Applicant – Naresh Agrawal, involved in Crime No. 1120/2024 registered at Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.), for the offence punishable under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code (IPC), 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:- (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 sufficient cause, the trial court may proceed against his 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. 5 (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 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. 9. Office 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 Abhishek