1 2025:CGHC:51373 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8219 of 2025 Roshan Lal Mishra S/o Sitaram Mishra Aged About 38 Years R/o Shivbihari Colony, Village Dunda, Police Station Muchagbahan, District : Raipur, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Dantewada, District : Dantewada, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Virendra Kashyap, Advocate. For Respondent(s) : Dr. Saurabh K. Pande, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/10/2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 82/2019 registered at Police Station Dantewada, District : Dantewada (C.G.) for the offence punishable under Sections 419, 420, 467, 468, 471, 34 of IPC. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that Dr. Netram Navratna Chief Medical Officer, Dantewada lodged the FIR on 26.07.2019 alleging that the applicant has been appointed as Medical Officer at Primary Health Center, Jawanga on 01.09.2017 on the basis of the forged/fabricated MBBS certificate and obtained the appointment as Medical Officer and discharged his duties upto 22.07.2019. On the basis of offence, the Police has registered the offence. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on the ground that applicant has one criminal antecedent of similar nature registered at case Crime No.106 of 2023, therefore this second bail application is filed on the ground that in the said case applicant has been acquitted on 24.06.2025, so far as the status of trial is concerned, out of 30 witnesses statement of 10 witnesses have been recorded, further charge-sheet has already been filed in the present case and the applicant is in jail since 08.04.2024, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant allegedly secured appointment as Medical Officer at PHC Jawanga on the basis of a forged MBBS certificate and discharged duties from 01.09.2017 to 22.07.2019, further the applicant obtained the post fraudulently, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused 3 the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 09.09.2024 in MCRC No. 6312 of 2024 on the ground that applicant ha one criminal antecedent of similar nature registered at case Crime No.106 of 2023, but in the said case, applicant has already been acquitted on 24.06.2025 and presently, the applicant has no criminal antecedent and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Roshan Lal Mishra, involved in Crime No. 82/2019 registered at Police Station Dantewada, District : Dantewada (C.G.) for the offence punishable under Sections 419, 420, 467, 468, 471, 34 of IPC, 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. 4 (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. 9. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy 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 Akhil