Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 51410 (CHH)

DEEPAK SINGH v. STATE OF CHHATTISGARH

MCRC/8051/2025 · 2025-10-09

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:50627 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8051 of 2025 Deepak Singh S/o Kameshwar Singh, Aged About 36 Years, R/o Minus Colony, Q.No. 117 Vishhrampur, Police Station Vishrampur, District Surajpur (C.G.)......(As Per Bail Rejection of Trial Court) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Jaynagar, District - Surajpur (C.G.) ... Non-Applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.10.2025 1. This is the third 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. 123/2024 registered at Police Station - Jaynagar, District - Surajpur (C.G.) for the offences punishable under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code. 2. This is the third bail application. First bail application was rejected by this Court vide order dated 14.10.2024 passed in MCRC No. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.10 19:19:11 +0530 2 7033/2024 on merit, against which applicant has preferred SLP and same was also dismissed with the liberty for renewing the application at appropriate time. The Second bail application was dismissed as withdrawn on 29.07.2025 passed in MCRC No. 5929/2025. 3. As per prosecution story in brief is that 13.05.2024, a letter was issued by the superior officer of the Police whereby it has been directed that the amount which has been deposited by the Police Station may be verified by the Treasury Officer and it was found that on 01.01.2014 to 30.03.2016 total 72 challan amounting to Rs. 9,79,400/- has not been verified and similarly on the various date, the challan has not been verified, thereafter, the matter being investigated by the Police and during the investigation, it was found that total amount i.e. Summan Shulk Rashi amount to Rs. 17,66,860/- has not been deposited in the treasury, subsequently, it was found that the applicant used forged seal of the State Bank of India and subsequently the memorandum statement of the applicant was recorded and the applicant has been arrested for the commission of alleged offences. 4. It has been argued by learned counsel for the applicant that the applicant is innocent and falsely implicated in this case. It is further submitted by the learned counsel for the applicant that this is the third bail application of the applicant. He further submitted that the applicant is in jail since 30.05.2024 and out of 22 prosecution witnesses, statement of PW-1 is being recorded, further, the applicant is having 3 other criminal antecedents of similar nature for 3 which the applicant has already moved bail applications, out of which one is listed today in Sr. No. 32 of the Cause List, bearing MCRC No. 8040/2025, the charge-sheet has already been filed. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge- sheet has already been filed. 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 and the fact that this is the third bail application of the applicant and the first bail application was rejected by this Court vide order dated 14.10.2024 passed in MCRC No. 7033/2024 on merit, against which the applicant has preferred SLP and same was also dismissed with the liberty for renewing the application at appropriate time, the second bail application was dismissed as withdrawn on 29.07.2025 passed in MCRC No. 5929/2025 and also considering the fact that he is in jail since 30.05.2024 and out of 22 prosecution witnesses, statement of PW-1 is being recorded, further, the applicant is having 3 other criminal antecedents of similar nature for which the applicant has already moved bail applications, out of which one is listed today in Sr. No. 32 of the Cause List, bearing MCRC No. 8040/2025, the charge-sheet has already been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 8. Accordingly, the third bail application of the applicant is allowed. Let the applicant - Deepak Singh, involved in Crime No. 123/2024 registered at Police Station - Jaynagar, District - Surajpur (C.G.) for the offences punishable under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code, 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 BNS. (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 BNS. 5 (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 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. 9. 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