1 2025:CGHC:55558 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9173 of 2025 Hasan Abadi S/o Moh. Sawaleh Abadi Aged About 40 Years R/o Sai Simran City, Phase No. 5, House No. 17, Muthpuraina, P.S. Tikrapara, Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Sho, P.S. Tikrapara, Distt. Raipur, Chhattisgarh. ...Non-applicant For Applicant : Mr. Awadh Tripathi, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.11.2025 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. 454/2025, registered at Police Station – Tikrapara District – Raipur (C.G.) for the offence punishable under Sections 308(5),338 & 318(4) of the BNS. 2. The prosecution story in brief, is that on 14.02.2025, the applicant, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.14 14:48:47 +0530 2 who claims to have extensive connections with EOW and ACB officials, complainant was informed by the so-called Vivek Mishra over the phone that a complaint has been filed in the name of the complainant and his wife by preparing fake documents to implicated him in the case, and he has promised to get it resolved. When the complainant was called by the applicant, the complainant was at Dubai for his work and on 18.02.2025 when he came back to Raipur, he again received a call from the applicant and was threatened to be implicated in a fake case and get him arrested by the applicant to the complainant. For which a complaint was lodged against the applicant as per the allegation of preparing fake documents, extorting a total of 271,59,000 continuously threatening to kill was alleged by the complainant for which the applicant was arrested for the commission of the offences u/s 308(5), 338, 318 (4) of BNS by the police of the police station Tikrapara, Raipur (C.G.). 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that as alleged by the complainant in the FIR, has been recovered from the possession of the applicant, which is not sufficient to establish his guilt for the offences alleged, and therefore the applicant deserves to be enlarged on bail; that the applicant has clearly stated that he and the complainant were partners and were engaged in land brokerage business, and that an amount of Rs.47,50,000/- was due to be paid by the complainant to the applicant as part of the commission or profit earned from the said business, and since the applicant had been repeatedly demanding his legitimate 3 share, the complainant, in order to evade the said payment, has falsely implicated the applicant in the alleged offences of extortion and preparation of forged documents; that a copy of the memorandum statement of the accused is annexed and the applicant in in jail since 19.06.2025, 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 been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, and also taking that the charge-sheet has been filed before the competent Court, and the applicant has been in judicial custody since 19.06.2025, and conclusion of the trial may take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Hasan Abadi, involved in Crime No.454/2025, registered at Police Station – Tikrapara District – Raipur (C.G.) for the offence punishable under Sections 308(5),338 & 318(4) of the BNS, 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav