1 2025:CGHC:30651 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4854 of 2025 Sageer Khan S/o Late Shahjad Khan Aged About 47 Years R/o House No. 188, Maujampara, Keshkal, District Kondagaon, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Telibandha, Raipur, District Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Sandeep Dubey, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate. For Objector : Mr. Shivam Agrawal, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.07 .202 5 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 FIR No. 532/2024, registered at Police Station – Telibandha, Raipur, District Raipur (C.G.) for the offence punishable under Sections 420, 468, 471,34 of Indian Penal Code, 1860. 2. According to the prosecution's story, an FIR was lodged by complainant namely- Vikas Singh Thakur stating therein that the present applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.05 13:19:27 +0530 2 alongwith other co-accused persons fraudulent manner has prepared the forge documents and work orders related to the installation of street lights and has obtained Rs. 24 lacs in different dates i.e. Rs. 7 Lacs on 03.12.2022, Rs. 14 lacs on 07.12.2022 and on 23.12.2022 from the complainant in the name of getting the government contract for the installation of street lights in the different villages. Thereafter, neither the contract was allotted to the complainant nor any amount had returned back to the complainant. Therefore, the report has been lodged. Based on the police investigation, aforesaid offenses has been registered against the present applicant. Hence this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and have been falsely implicated in this case. It is further submitted that the main allegation of the complainant is that the amount of Rs. 12,000/- has been transferred to the applicant’s relative through UPI. The applicant is a permanent resident of Keshkal, District – Kondagaon and the applicant does not know to which person and why the said amount has been given to person who resides at Kawardha. Further, there is no transaction done between the applicant and complainant. He later submits that the applicant has five previous criminal antecedents, out of which in three cases, he has already been acquitted, further the main accused Basant Jain has already been granted bail by this Court vide order dated 13.06.2025 passed in MCRC No. 4452/2025, the charge-sheet has been filed in this case. The applicants is in jail since 17.04.2025 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 as well as Objector opposes the bail application. It is further submitted that the applicant, along with other co-accused, has cheated the government by preparing fake 3 documents in the name of installing solar lights. Since the alleged crime is of serious nature, therefore, he is not entitled for grant of bail. 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 the main accused Basant Jain has already been granted bail by this Court vide order dated 13.06.2025 passed in MCRC No. 4452/2025, and there is no transaction done between the applicant and the complainant, further the applicant has five previous criminal antecedents, out of which in three cases, he has already been acquitted, the charge-sheet has been filed against the applicant, the applicant is in jail since 17.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant - Sageer Khan, involved in FIR No. 532/2024, registered at Police Station – Telibandha, Raipur, District Raipur (C.G.) for the offence punishable under Sections 420, 468, 471,34 of Indian Penal Code, 1860, 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 4 court on each date fixed, either personally or through their counsel. In case of their 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 applicants 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 applicants are 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 Preeti