1 2025:CGHC:59535 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8629 of 2025 Shadanand (Sadanand) @ Ganesh Sahu S/o Teejram Sahu Aged About 30 Years R/o Village Peepardih, P.S. Sarsiva, Tehsil Bhatgaon, District : Sarangarh-Bilaigarh, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through P.S. Pithora, District : Mahasamund, Chhattisgarh ...Non-Applicant For Applicant : Mr. J.K. Gupta, Advocate. For Non-applicant/State : Mr. S.S. Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.12.2025 1. This is the Third 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. 07/2025 registered at Police Station - Pithora District - Mahasamund (C.G.), for the offences punishable under Sections 318(4), 319(2) of the BNS. 2. The earlier two bail application of the present applicant were rejected VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.09 11:44:57 +0530 2 on merits vide orders dated 04.04.2025 and 23.06.2025, in MCRC No(s). 2681 of 2025 and 4772 of 2025. 3. Case of the prosecution, in brief, is that on 15.01.2025 a complaint was made by the complainant to the P.S. Pithora, District - Mahasamund that on 25.12.2024 he received a phone call from Geetanjali and claim to be friend of his niece Lakshmila Sen and it was informed by her that her father has met with an accident and required money for his treatment and she received a total of Rs. 7,27,000/- from the complainant between 25.12.2024 to 12.01.2025 through phonepe on different bank accounts by using the mobile numbers 9174757898 & 7224062230. That during investigation name of present applicant was revealed from the memorandum statement of the co-accused and thus the present applicant was arrested on the above said crime on 15.01.2025. 4. Learned counsel for the applicant submits that this is the third bail application on behalf of the applicant. The first bail application was rejected by this Hon’ble Court vide order dated 04.04.2025 in MCRC No. 2681/2025. Thereafter, a second bail application was moved, which was also rejected. However, till date, the trial has not been concluded. It is submitted that there was no intention on the part of the applicants to commit the alleged offence, and no forged documents have been seized from their possession as per the challan filed by the prosecution. The applicants have no connection whatsoever with the alleged crime. It is further submitted that regular bail has already been granted by this Hon’ble Court to a co-accused in the same case (Annexure A-5). Out of nine witnesses, only one witness has been 3 examined till date by the learned Court below (Annexure A-6), indicating that the disposal of the case will take considerable time, and therefore, it is not desirable to keep the applicants languishing in jail. since 15.01.2025, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, including the fact that the earlier two bail applications of the present applicant were rejected, and also considering that out of nine prosecution witnesses, only seven witnesses have been examined so far and the remaining witnesses are yet to be examined, meaning that the trial is still in progress, and further noting that the applicant has been in judicial custody since 15.01.2025, this Court is of the considered view that the applicant is entitled to be released on bail at this stage. Accordingly, the present third bail application is allowed. 8. Let the Applicant – Shadanand (Sadanand) @ Ganesh Sahu, involved in Crime No. 07/2025 registered at Police Station - Pithora District - Mahasamund (C.G.), for the offences punishable under Sections 318(4), 319(2) of the BNS, be released on bail on his 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 his 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 his, 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 his in accordance with law. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of further three months from the date of receipt of certified copy of this order in accordance with law, if there is no legal impediment. 10. 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 vaibhav