1 2025:CGHC:5333 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 200 of 2025 Bundram Jangde S/o Mansharam Jangde Aged About 43 Years R/o Village- Murvabhantha, Thana Koshir, District- Sarangarh- Bilaigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station City Kotwali, Sarangarh, District- Sarangarh- Bilaigarh (C.G.) ... Non-Applicant For Applicant : Mr. Vivek Verma, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Government Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29/01/2025 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. 553/2024, registered at Police Station – City Kotwali, Sarangarh, District- Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 409, 120-B and 34 of Indian Penal Code. 2. The case of the prosecution, in brief, is that the applicant is a computer operator at Sewa Sahakari Samiti Maryadit, Registration No. 402, Gatadih, District Sarangarh-Bilaigarh. The RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.30 10:57:04 +0530 2 Branch Manager of Apex Bank, Sanjay Kumar Sahu, lodged an FIR against the applicant and other co-accused persons, alleging that on 19.07.2024, they were involved in fraudulent loan transactions related to agriculturists’ accounts and fertilizer distribution. Subsequently, the Collector constituted a four- member committee to investigate the matter. Based on the inquiry report, Sanjay Kumar Sahu lodged an FIR against the applicant, alleging involvement in the forgery of agricultural loans. However, there is no specific allegation against the present applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the complaint made by Chaitram Sahu, Natthelal Bhardwaj, Bharatram, Tukeshwar Nirala and Guharma Banaj against Dilip Tandon, who was manager of society, there is no allegation against the present applicant, one of the co-accused persons has also mentioned that all forgery committed by the Dilip Kumar Tandon. He also submits that other co-accused persons, namely, Dilip Kumar Tandon and Shiv Kumar Tandon have already been granted bail by this Court vide orders dated 03.01.2025 and 09.01.2025 in MCRC Nos.7275/2024 and 131/2025 respectively and the case of present applicant is similar to that of the co-accused, further the applicant has no criminal antecedent, the applicant is in jail since 20.09.2024, 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 applicant on the ground of parity. 3 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 involved in a forgery loan scheme related to agricultural accounts and fertilizer sales, further the applicant has one criminal antecedent, 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 20.09.2024, the fact that though the applicant involved in a forgery loan scheme related to agricultural accounts and fertilizer sales, but other co-accused persons, namely, Dilip Kumar Tandon and Shiv Kumar Tandon have already been granted bail by this Court vide orders dated 03.01.2025 and 09.01.2025 in MCRC Nos.7275/2024 and 131/2025 respectively and the case of present applicant is similar to that of the co-accused, so far as the criminal antecedent of the applicant is concerned, he 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 on the ground of parity. 7. 7. Let the Applicant- Bundram Jangde, involved in Crime No. 553/2024 registered at Police Station Sarangarh, District - Sarangarh Bilaigarh (C.G.) for the offence punishable under 4 Sections 420, 467, 468, 471, 409, 120-B, 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 Rahul Dewangan