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2025 DAILYLAW 52159 (CHH)

DEEPAK SINGH v. STATE OF CHHATTISGARH

MCRC/8147/2025 · 2025-10-13

body2025

Judgment text

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1 2025:CGHC:51164 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8147 of 2025 Deepak Singh S/o Kameshwar Singh, Aged About 36 Years, R/o Minus Colony, Vishrampur, Police Station Vishrampur, District : Surajpur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Jaynagar, District : Surajpur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Goutam Khetrapal and Ms. Deeksha Jaiswal, Advocates. For Non-Applicant/State : Dr. Saurabh K. Pande, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.10.2025 1. This is the First 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. 231/2024 registered at Police Station - Jaynagar, District - Surajpur (C.G.) for the offences punishable under Sections 409, 420, 467, 468, 471 and 477 of the Indian Penal Code. 2. As per prosecution story, in brief, is that the applicant while posted PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.15 10:33:49 +0530 2 as Constable in Police Station, Jaynagar from 2017 to 2024, has embezzled the amount of Rs. 3,91,732/- which was collected/seized in charge-sheet of 152 cases and 181 Court cases, by preparing forged and fabricated document. Based on the said allegation, the FIR has been registered against the applicant. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and falsely implicated in this case. He further submitted that the applicant is in jail since 25.07.2025, further, the applicant is having 3 criminal antecedents of similar nature, out of which in two cases he has already been granted bail by this Court vide order dated 10.10.2025 passed in MCRC Nos. 8040/2025 and 8051/2025, further the charge-sheet has already been filed. Therefore, he prays for grant of regular bail to the applicant. 4. 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. 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 and the fact that the applicant is in jail since 25.07.2025, further, the applicant is having 3 other criminal antecedents of similar nature, out of which in two cases he has already been granted bail by this Court vide order dated 10.10.2025 passed in MCRC Nos. 8040/2025 and 8051/2025, further the charge-sheet has already been filed, this 3 Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the applicant - Deepak Singh, involved in Crime No. 231/2024 registered at Police Station - Jaynagar, District - Surajpur (C.G.) for the offences punishable under Sections 409, 420, 467, 468, 471 and 477 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 4 shall initiate proceedings against him, in accordance with law, under Section 209 of BNS. (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. 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 Preeti