1 2025:CGHC:4534 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9072 of 2024 Abhishek Sahu W/o Late Lakshmi Narayan Sahu Aged About 35 Years R/o Jhalmala, Post- Seepat, Thana- Seepat, District - Bilaspur, Chhattisgarh ... Applicant versus The State of Chhattisgarh Through The Station House OfÏcer Police Station Thana - Seepat, District- Bilaspur (Chhattisgarh) ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Dy. Adv. Chandel. For Objector : Mr. Sudhir Verma, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.01.2025 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. 498/2024 registered at Police Station Seepat, District Bilaspur (C.G.), for the offences punishable under Sections 420 and 34 of the Indian Penal Code. 2. According to the prosecution, the complainant filed a First Information Report (FIR) on June 8, 2023, alleging that the accused persons had ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.25 13:18:10 +0530 2 fraudulently taken earnest money from him without making efforts to register the land. The complainant claimed that the accused persons made excuses and further revealed that the land in question had been mortgaged to a bank. Moreover, the accused persons attempted to sell the land to other parties. The complainant stated that after paying the earnest money, he proceeded to register the sale deed. However, the registry ofÏcials refused to register the property, citing that it was mortgaged to the bank. When the complainant contacted the accused a week later, they claimed to be working on repaying the loan amount. Since no further action was taken, the complainant lodged the instant FIR. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that the present applicant has no criminal antecedents and the main allegation is against the brother of the applicant, namely, Arvind Sahu. He also submits that the present applicant has not received any amount and the allegation of receiving the amount is on the accused person. He further submits that the applicant is in jail since 18.11.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the 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 competent Court in the present matter. 5. Learned counsel appearing for the objector/complainant also opposed the bail application of the applicant and submits that the present applicant along with 02 other co-accused, namely, Arvind Sahu and 3 Mrs. Ahilya Sahu took earnest money of Rs. 42,36,000/- from the objector to sale above mentioned lands to the him but they sold the said land to third person, thus committed offence punishable under Section 420/34 of the IPC, therefore, he is not entitled for grant of regular bail. 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 and further the fact that the applicant has no criminal antecedents and further the main allegation is against the other co-accused persons, namely, Arvind Sahu, who allegedly committed fraud against the complainant. Moreover, the charge - sheet has already been submitted in the present case before the competent Court and he is in jail since 18.11.2024 and conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case. 8. Let the Applicant – Abhishek Sahu, involved in Crime No. 498/2024 registered at Police Station Seepat, District Bilaspur (C.G.), for the offences punishable under Sections 420 and 34 of the Indian Penal Code, 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 4 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 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. 9. 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 Abhishek