1 2025:CGHC:164 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8996 of 2024 Geetanjali Tandan D/o Laxman Aged About 26 Years R/o Ward No. 17, Gatapar, Dhamtari, District - Dhamtari, Chhattisgarh (Particulars Of The Applicant Is Mentioned Correctly) ... Applicant(s) versus State Of Chhattisgarh Through - Police Station - Gandai, District Khairagarh-Chhuikhadan-Gandai, Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Anmol Sharma, Advocate. For Non-Applicant(s) : Mr. U.K.S. Chandel, Deputy Advocate General. 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 217/2024 registered at Police Station Gandai, District Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Sections 420, 465, 467, 468, 471 and 34 of the Indian Penal Code. 2 2. Case of the prosecution, in brief, is that the applicant alongwith co- accused person impersonating themselves as the Government OfÏcers, prepared forged government seal, have committed cheating with the complainant and other persons by inducing them that they will get them appointed in Forest Department as Clerks, the complainant made a complaint that one Narsingh Nishad came to him and stated the name of present applicant and others are in list of selected candidates and made them meet the co-accused Geetanjali Tondon who portrayed herself as a Government employee, Geetanjali Tondon induced the complainant and other victims to give her money in lieu of government employment. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence, only on the basis of mere suspicion, the applicant has bee made an accused, the applicant has neither prepared any forged or fake documents nor has promised to provide any job to anyone. He further submits that the applicant has taken unsecured loan from the complainant and there is no direct evidence to prove the involvement of the applicant in the present case. He also submits that there is delay in lodging the complaint of more than one year and the complainant himself has stated that the present applicant has already returned Rs. 2 lakhs to complainant , further one of the co-accused person, namely, Smt. Chandrakala Nishad has already been granted bail by this Court vide order dated 27.11.2024 in MCRC No.7497 of 2024. The applicant is in jail since 03.10.2024, the applicant has no criminal antecedent, charge- 3 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 applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith other co-accused person by portraying themselves as Government Employee have fraudulently taken money for providing job from complainant, 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 03.10.2024, the fact that though the applicant alongwith other co-accused person by portraying themselves as Government Employee have fraudulently taken money for providing job from complainant, but one of the co-accused person, namely, Smt. Chandrakala Nishad has already been granted bail by this Court vide order dated 27.11.2024 in MCRC No.7497 of 2024, further the applicant has no criminal antecedent 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. 7. Let the Applicant-Geetanjali Tandan, involved in Crime No. 217/2024 registered at Police Station Gandai, District Khairagarh- Chhuikhadan-Gandai (C.G.) for the offence punishable under 4 Sections 420, 465, 467, 468, 471 and 34 of IPC, 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, 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil