Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 5118 (CHH)

LALIT DAS v. STATE OF CHHATTISGARH

MCRC/693/2025 · 2025-01-24

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:4462 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 693 of 2025 1 - Lalit Das S/o Bhagwan Das Aged About 27 Years R/o Quarter No. 278, Kotwar Para, Maulana Azad Ward No. 10, Sarangarh, District Raigarh, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through P.S. Lundra, District Surguja, Chhattisgarh. ... Non-applicant For Applicant : Dr. Sudeep Agrawal, Advocate. For Non-applicant/State : Mr. U. K. S. Chandel, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.01.2025 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. 224/2024 registered at Police Station – Lundra, District - Surguja (C.G.), for the offence punishable under Sections 420 of the Indian Penal Code (IPC). 2. As per the case diary, the complainant filed a written complaint at Civil Line Police Station, Lundra, on 02.10.2024 alleging that the accused cheated the complainant and her family members. Based on this complaint, an FIR was registered under Sections 420 of the SHAYNA KADRI Digitally signed by SHAYNA KADRI Date: 2025.01.25 13:45:33 +0530 2 Indian Penal Code, 1860 and applicant was arrested on 06.10.2024. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the charge-sheet has been filed, present applicant has no criminal antecedents and he is in jail since 06.10.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that in the present case the present applicant has no criminal antecedents as also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and he has been in jail since 06.10.2024, and conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Lalit Das, involved in Crime No. 224/2024 registered at Police Station – Lundra, District - Surguja (C.G.), for the offence punishable under Sections 420 of the Indian Penal Code (IPC), be released on bail on furnishing personal bond with two 3 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 sufÏcient 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 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 sufÏcient 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. OfÏce 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 Shayna