1 2025:CGHC:55182 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7399 of 2025 Hemant Nayak S/o Ramchandra Nayak, Aged About 36 Years R/o Village Bhagat Devri, Tehsil Basna, District Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali Balodabazar, District Balodabazar Bhatapara (C.G.) ... Respondent For Applicant : Shri T.K. Jha, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. and Shri Nitansh Jaiswal, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/11/2025 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.670/2025 registered at Police Station City Kotwali Balodabazar GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.13 15:06:53 +0530 2 District Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 166, 419, 409, 384 of IPC and Section 66(C), 66(D) of IT Act. 2. Case of the prosecution, in brief, is that the applicant freezed bank account of the complainant and demanded Rs. 2 lacks for defreezing from the mail ID of the Superintendent of Police and therefore crime registered against the applicant and he has been arrested. 3. Learned counsel for the applicant submits that the applicant is innocent person and had been falsely implicated in the case and the applicant has not committed any offence and he has not prepared any forged email ID. He would further submit that on the basis of subject complaint he has been terminated and the appellate authority has set aside the order of termination of applicant. He would further submit that without approval from the Nodal Officer no government ID can be created and applicant is only constable and nothing has been seized from the applicant. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 11/07/2025 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 bail application and he would submit that the applicant has no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, nature of allegation levelled against the applicant, further considering the period of 3 detention of the applicant since 11/07/2025, charge sheet has been filed as stated by learned counsel for the applicant at bar, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, without further commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Hemant Nayak, involved in Crime No.670/2025 registered at Police Station City Kotwali Balodabazar District Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 166, 419, 409, 384 of IPC and Section 66(C), 66(D) of IT Act, 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 4 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. 8. 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