1 2025:CGHC:47317 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7377 of 2025 Yash Balani S/o Rakesh Balani Aged About 24 Years R/o Near Shiv Mandir Mata Dewalay Ward P.S. Bhatapara City, District- Balodabazar Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station-Bhatapara (Rural) District- Balodabazar-Bhatapara. (C.G.) ... Respondent For Applicant : Shri Manoj Paranjpe, Sr. Advocate with Shri Rishabh Gupta, Advocate. For Respondent/State : Dr. Saurabh Kumar Pande, Dy.A.G. For objector : Shri Kishore Bhaduri, Sr. Advocate with Shri Sabyasachi Bhaduri, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.475/2025 registered at Police Station Bhatapara (Rural) District- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.16 16:57:07 +0530 2 Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 316(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the FIR was lodged on the instance of the complainant namely Dheeraj Sablani inter alia on the allegations that, Preetam Mandhani and Yash Balani (applicant herein) have obtained the broker license from the Poha Murmura Producer Welfare Committee Bhatapara in the year 2022 for the sale and trading of Rice Puff (Poha). It has been alleged that Preetam Mandhani and Yash Balani have purchased the Rice Puff from the different traders of the committee in Bhatapara in the name of Jai Godhriwala Export Firm and thereafter, sold the Rice Puff (Poha) to the different traders in Chhattisgarh as well as different State for the consideration amount of Rs.1,70,27,960/- for 429 Ton Poha (Rice Puff) and Preetam Mandhani and Yash Balani have not paid the amount to the traders of Bhatapara from which they have purchased the rice puff (Poha) and it has also been alleged that, Preetam Mandhani and Yash Balani have sold the Rice Puff (Poha) to the different traders from April 2025 and received the amount of sale consideration in the name of Jai Godhriwala Export Bank Account, but they have not paid the amount which they have purchased from the traders of Bhatapara despite that they have received the full amount of sale from the different purchaser. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He would submit that the applicant is not associated with the co-accused firm, M/s Jai Godhriwala Export, which belongs to Preetam Mandhani and all transactions related to the sale and purchase of rice puff (poha) were conducted through Preetam 3 Mandhani's firm, and the applicant had no role in these transactions. He would further submit that there is no material evidence to suggest that the applicant obtained any wrongful gain or conspired with other co-accused individuals and the dispute appears to be of a civil nature, involving commercial payment issues between traders and the co- accused firm. He would submit that the applicant has no criminal antecedents, charge sheet has been filed, the applicant is in jail since 23/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the prayer for grant of bail and he would submit that charge sheet has been filed in this case before the competent court. 5. Learned counsel for the objector vehemently opposes the prayer for grant of bail. 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, nature of allegation levelled against the applicant, considering the fact that the dispute appears to be of a civil nature, period of detention of the applicant since 23/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed and it is directed that the Applicant- Yash Balani, involved in Crime No.475/2025 registered at Police Station Bhatapara (Rural) District- Balodabazar-Bhatapara 4 (C.G.) for the offence punishable under Sections 316(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 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 5 proceed against him in accordance with law. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri