1 2025:CGHC:57574 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8651 of 2025 • Khorbahara Ram Dhruv S/o Shri Leelaram Dhruv Aged About 48 Years R/o Village Fingeshwari, P.S. Fingeshwar, Distt. Gariyaband, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through P.S. Fingeshwar, Distt. Gariyaband, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pragalbha Sharma, Advocate For Respondent/State : Ms. Supriya Upasne, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.11.2025 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. 181/2025, registered at Police Station – Fingeshwar, District – Gariyaband (C.G.) for the offence punishable under Sections 318(4), 61(2), 338, 336(3), 340(2) read with 3(5) of BNS. 2. The case of the prosecution, is that in brief is that, on 20.06.2025 an FIR registered against the present applicant & other Co-accused U/s 61(2), 318(4) r/w 3(5) of BNS of 2023, on the basis of a written VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.26 18:47:06 +0530 2 complaint made by one Bishakha Bai alleging therein that she is a widow of late Shri Geshnarayan Kanwar who was posted as Teacher in Govt. High Secondary School, Borid, Distt.- Gariyaband, who died on 08.02.2021 and on 08.01.2024, the complainant met with applicants and it was informed to her that for preparing a post death pension case and for withdrawal of Gratuity and other retiral dues she would have to pay a sum Rs. 2,00,000/- for clearance, for which she had issued a blank cheque, but subsequently it was discovered by her that instead of Rs. 2,00,000/-, Rs, 2,80,000/- has been withdrawn from her account, and her post death pension case and other retiral dues were not cleared, even on repeated follow ups. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is one criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 06.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is only one criminal antecedents registered against the 3 present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 06.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Khorbahara Ram Dhruv, involved in Crime No.181/2025, registered at Police Station – Fingeshwar, District – Gariyaband (C.G.) for the offence punishable under Sections 318(4), 61(2), 338, 336(3), 340(2), 3(5) of BNS 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 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali