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2025 DAILYLAW 47949 (CHH)

KULDEEP PAL v. STATE OF CHHATTISGARH

MCRC/10270/2025 · 2025-12-11

body2025

Judgment text

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1 2025:CGHC:60610 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10270 of 2025 Kuldeep Pal S/o Madan Pal Aged About 44 Years R/o- 131, Parpa District Gaziabad (U.P.) ... Applicant versus State Of Chhattisgarh Through P.S.- Sarangarh And Range Cyber Bilaspur, District – Bilaspur (C.G.) ---- Non-applicant For Applicant : Ms. Kavita Tiwari, Advocate. For Respondent/State : Mr. Neeraj Sharma, Dy. Adv. General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.12.2025 1. This is the Second Bail Application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 556/2024, registered at Police Station- Sarangarh And Range Cyber Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 420, 201 and 34 of IPC, and Sections 66-C and 66-D of Information Technology Act. 2. Earlier the first bail application of the applicant being MCRC No. 2651/2025 was rejected by this Court vide order dated 03.04.2025 on merits with liberty to proceed and conclude the trial expeditiously. 3. Case of the prosecution, in brief, is that one Subash Chandra Guru filed a complaint with the Police at the Sarangarh Bilaigarh Police RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Station, alleging that from 2022 to 2024, some individuals had cheated him out of approximately Rs. 48,42,075/- by fraudulently claiming to facilitate the release of block money from his Reliance Insurance Policy, using five different phone numbers. Hence, this application. 4. Learned counsel for the applicant submits that this is the second bail application, earlier bail application of the applicant being MCRC No. 2651/2025 was rejected by this Court vide order dated 03.04.2025 on merits with liberty to proceed and conclude the trial expeditiously. He further submits that the bail application of the co-accused was rejected by this Court vide order dated 07.04.2025 passed in MCRC No.2746/2025, and the said rejection order of co-accused was challenged before the Hon’ble Supreme Court in SLP (Crl) No. 8746/2025, wherein the co-accused was granted bail vide order dated 29.10.2025, and the applicant is in jail since 09.12.2024, and the trial is likely to take quite long time for its conclusion, and therefore, on the ground of parity, the present applicant also deserves to be released on bail. 5. On the other hand, learned State counsel opposes the bail application of the applicant and submits that charge-sheet has been filed before the competent Court. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that this is the applicant’s second bail application and that the earlier bail application of the applicant being MCRC No. 2651/2025 was rejected by this Court vide order dated 03.04.2025 on merits with liberty to 3 proceed and conclude the trial expeditiously. He further submits that the bail application of the co-accused was rejected by this Court vide order dated 07.04.2025 passed in MCRC No.2746/2025, and the said rejection order of co-accused was challenged before the Hon’ble Supreme Court in SLP (Crl) No. 8746/2025, wherein the co-accused was granted bail vide order dated 29.10.2025, and the applicant is in jail since 09.12.2024, and the trial is likely to take quite long time for its conclusion, hence this Court is of the considered view that, on the ground of parity, the present applicant also deserves to be released on bail. 8. Let the Applicant – Kuldeep Pal, involved in Crime No. 556/2024, registered at Police Station- Sarangarh And Range Cyber Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 420, 201 and 34 of IPC, and Sections 66-C and 66-D of Information Technology Act, be released on bail on furnishing personal bond with two local 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 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. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar