1 2025:CGHC:50926 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7177 of 2025 Sunil Kumar Kashyap S/o Rajendra Kumar Kashyap Aged About 26 Years R/o Village Dhobghatti, Police Station Lormi, District Mungeli C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Pandariya, District Kabirdham C.G. ... Respondent For Applicant : Shri Santosh Bharat, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/10/2025 1. This is the second 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.69/2024 registered at Police Station Pandariya, District Kabirdham (C.G.) for the offence punishable under Sections 120B, 420, 409/34 of Indian Penal Code. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.14 17:36:47 +0530 2 2. Case of the prosecution, in brief, is that the complainant made FIR against the applicant and other co-accused to the effect that between month of July 2022 to August 2023, the applicant sold about 110 pieces of Hero Motor Cycle/Scooty of different models to the customers and received amount of the same. On the basis of complaint made by the complainant and matter was reported to investigation and the police registered the crime No.69/2024 for an offence punishable under section 120B, 420, 409/34 of Indian Penal Code. After completion of investigation the concerned police of police station Pandariya, Kabirdham (C.G.) presented the charge sheet before the competent court and applicant has been arrested on 28/05/2025. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application of the applicant was rejected by this Court on 10/07/2025 vide MCRC No.5364/2025. He would submit that trial has not started and charges have not been framed. He would further submit that co-accused persons namely Rahman Mohammad, Kanhaiya Nirmalkar and Suraj Yadav have been granted bail by this court in MCRC No.3254 of 2024 on 16/07/2024, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and the first bail application of the applicant was rejected by this Court on 10/07/2025 vide MCRC No.5364/2025. 3 Considering the fact that trial has not started and charges have not been framed and further considering the fact that co-accused persons namely Rahman Mohammad, Kanhaiya Nirmalkar and Suraj Yadav have been granted bail by this court in MCRC No.3254 of 2024 on 16/07/2024, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the second bail application is allowed and it is directed that the Applicant- Sunil Kumar Kashyap, involved in Crime No.69/2024 registered at Police Station Pandariya, District Kabirdham (C.G.) for the offence punishable under Sections 120B, 420, 409/34 of Indian Penal Code, be released on bail on his furnishing a personal bond with two sureties out of which one surety shall be family member 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 4 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 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri