1 2025:CGHC:50932 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5957 of 2025 Khublal Sinha S/o Daluram Sinha Aged About 27 Years R/o Manki, P.S. Arjunda, District - Balod Chhattisgarh ...Applicant versus State Of Chhattisgarh Through P.S. Gunderdehi, District - Balod Chhattisgarh ...Non-applicant For Applicant : Mr. Hemant Gupta, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.10.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 173/2025 registered at Police Station - Gunderdehi, District - Balod (C.G.) for the offence under Section 420, 413 and 120B of IPC. 2. The prosecution story in nutshell is that, sum of Rs. 27,879/- was deposited in the account of the present applicant, between 15-06- VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.14 11:08:15 +0530 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.14 11:18:20 +0530 2 2023 to 28-05-2024, but the police have implicated the applicant along with other co-accused, with whom the applicant has no relation, & thereby the offence has been committed alleged offence. Hence the F.I.R. no 120B-2417125 173/2025 was registered against two accused u/s 413, 420, 34) of I.P.C. 3. The applicant submits that he is innocent and has been falsely implicated in the present case. He further submits that he has not committed, nor participated in, any act constituting the alleged offence. The bank account allegedly involved belongs solely to the applicant, but he has neither used any amount from it nor has any prior allegations been made against him. The applicant has not played any active or passive role in the alleged crime and has no previous involvement in criminal activities. On the face of the FIR, there is no complainant, and the case appears to have been registered merely on the assumption of the A.S.I./In-Charge of Police Station Gunderdehi.. He further submits that applicant is in jail since 16.06.2025, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and submits that the applicant has one criminal antecedents, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, further considering the facts and circumstances of the 3 case, nature and gravity of allegation levelled against the present applicant, moreover, the fact that the charge-sheet has been filed before the competent Court and he is in jail since 16.06.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Khublal Sinha, involved inCrime No. 173/2025 registered at Police Station - Gunderdehi, District - Balod (C.G.) for the offence under Section 420, 413 and 120B of IPC, be released on bail on furnishing personal bond with two local 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 she 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 her absence, without sufficient cause, the trial court may proceed against his 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 her, 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 4 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. - Sd/- (Ramesh Sinha) Chief Justice vaibhav