1 2025:CGHC:50628 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8040 of 2025 Deepak Kumar Singh S/o Kameshwar Singh Aged About 36 Years Occupation- Service, R/o Minus Colony, Quarter No. 117, Bishrampur, Police Station- Bishrampur, District Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Bishrampur, District – Surajpur (C.G.) ---- Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-applicant/State : Mr. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 177/2024, registered at Police Station – Bishrampur, District – Surajpur (C.G.) for the offence punishable under Sections 409, 420, 467, 468, 471 and 477 of the Indian Penal Code (for short, IPC). 2. The case of the prosecution, is that the applicant while posted as Constable in Police Station, Bishrampur, has embezzled the amount of Rs. 62,750/- which was collected in different 21 cases, by preparing forged and fabricated seal signature of concerned Court, on the basis of RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 such allegation, the FIR was registered against the applicant. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. It is argued by the counsel for the applicant that the applicant is in jail since 19.09.2024, and so far as the trial is concerned, out of 67 witnesses no single witness has been examined before the trial Court. 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 also listed today in Sr. No. 41 of the Cause List, bearing MCRC No.8051/2025, and the trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 3 criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the applicant while posted as Constable in Police Station, Bishrampur, has embezzled the amount of Rs. 62,750/- which was collected in different 21 cases, by preparing forged and fabricated seal signature of concerned Court, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant is in jail since 19.09.2024, and so far as the trial is 3 concerned, out of 67 witnesses no single witness has been examined before the trial Court. 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 also listed today in Sr. No. 41 of the Cause List, bearing MCRC No.8051/2025, and the conclusion of the trial is likely to take some time, hence, this Court is of the opinion that the applicant is entitled to be enlarged on bail. 7. Let applicant, Deepak Kumar Singh, involved in Crime No. 177/2024, registered at Police Station – Bishrampur, District – Surajpur (C.G.) for the offence punishable under Sections 409, 420, 467, 468, 471 and 477 of the 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. (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. 4 (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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar