1 2025:CGHC:51497 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8282 of 2025 Komal Prasad Kashyap S/o Late Gopal Prasad Kashyap Aged About 44 Years R/o Village Bhalpahari, P.S. And Tahsil Hardibazar, District Korba Chhattisgrah ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station Bankimongra, District Korba (C.G.) ... Respondent For Applicant : Shri Rawindra Prakash Yadaw, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/10/2025 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.167/2024 registered at Police Station Bankimongra, District Korba (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 201 of I.P.C. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.16 10:51:26 +0530 2 2. Case of the prosecution, is brief, is that the complainant has lodged a report to the concerned police Station, alleging that on the date of incident, the applicant has received amount of Rs. 1,34,000/- from the complainant in the name of correction of paper bond by forged his finance loan, but the same has not been provided by the applicant. Based upon the complaint made by the complainant, the police has registered the case under section 420, 467, 468, 471, 201 of I.P.C. against the applicant. 3. Learned counsel for the applicant submits that the applicant has paid the subject amount to the complainant through receipt of LIC and both the parties have compromised their dispute out of court and there is no any dispute in between the parties and the complainant has not raised any objection to release on bail the applicant. He would submit that the charge sheet has been filed in this case, applicant is in jail since 18/09/2025 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 she would submit that charge sheet has been filed in this case before the competent court. 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, considering the fact that compromise has taken place between the parties, period of detention of the applicant since 18/09/2025, charge sheet has been filed and also considering the fact that trial is likely to 3 take some time for its conclusion, 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- Komal Prasad Kashyap, involved in Crime No.167/2024 registered at Police Station Bankimongra, District Korba (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 201 of I.P.C., 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. (iv) The applicant shall remain present, in person, before the trial 4 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