1 2025:CGHC:57800 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9663 of 2025 Tukeshwardas Mahant Alias Baba Mahant, Aged About 37 Years S/o Kishoredas Mahant R/o Village Faguram Police Chowki Faguram P.S. And Tehsil Dabhara District - Sakti Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer Malkharoda District Sakti Chhattisgarh ... Respondent For Applicant : Shri Basant Dewangan, Advocate. For Respondent/State : Shri Malay Jain, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/11/2025 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.279/2024 registered at Police Station Malkharoda District-Sakti (C.G.) for the offence punishable under Sections 318 (4), 338, 336, 340, 3 (5) of BNS, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.27 19:16:08 +0530 2 2. Case of the prosecution, in brief, is that the Chief Manager (Administration) of S.B.I., Regional Business Office, Korba, District Korba, C.G., lodged a report stating that on 27/09/2024, the Field Officer of Dabra Branch, Shri Chandrashekhar Bodra, informed that the State Bank Branch in village Chhapora had been operating since 18/09/2024. During the preliminary investigation, it was discovered that six individuals were working at the said bank. Upon inquiry, it was revealed that they had received appointment letters from various persons after paying money for the promise of a job, without undergoing any competitive examination. Their recruitment was done through direct appointments, which were found to be fraudulent. It was alleged that Pankaj, Rekha Sahu, Mandir Das, Anil Bhaskar, Subhadra Mahant, and others committed fraud by taking money under the pretext of providing jobs in the State Bank of India. They accomplished this by making false statements, issuing fake joining letters, and opening a fake bank branch. Based on the report, the aforementioned offences were registered, and an investigation was initiated, during the investigation, co-accused persons were arrested and in one of the co- accused memorandum the name of the present applicant reflected therefore the applicant was also arrested on the basis of his memorandum. 3. Learned counsel for the applicant submitted that the co-accused Narendra Kumar Sahu has already been enlarged on bail by this court in MCRC No.564/2025 on 21/01/2025 and one of the co-accused Anil Bhaskar whose bail was rejected by this court in MCRC No.2050/2025 on 12/03/2025 has been allowed bail by the apex court on 11/08/2025. He would submit that the charge sheet has been filed in this case, the 3 applicant is in jail since 23/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. 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, further considering the fact that co-accused Narendra Kumar Sahu has already been enlarged on bail by this court in MCRC No.564/2025 on 21/01/2025 and one of the co-accused Anil Bhaskar whose bail was rejected by this court in MCRC No.2050/2025 on 12/03/2025 has been allowed bail by the apex court on 11/08/2025, period of detention of the applicant since 23/09/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Tukeshwardas Mahant Alias Baba Mahant, involved in Crime No.279/2024 registered at Police Station Malkharoda District- Sakti (C.G.) for the offence punishable under Sections 318 (4), 338, 336, 340, 3 (5) of BNS, 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 4 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 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 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri