1 2025:CGHC:49883 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6604 of 2025 Padamlochan Sao S/o Late Shri Bheem Sao Aged About 40 Years R/o Village - Kotasura, Thana - Pusaur, Distt- Raigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through, Station House Officer, Police Station - Gharghoda, Distt- Raigarh Chhattisgarh. ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 07.10.2025 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. 177/2025 registered at Police Station Gharghoda, District Raigarh (C.G.), for the offences punishable under Section 318(4),338,336(3), 340(2), 61(2) & 3(5) of BNS. 2. The prosecution case in brief is that the complainant Prashant Kumar Singh clerk of the court of JMFC Gharghoda lodged a written report VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.08 12:58:29 +0530 2 on 05.07.2025 at P.S. Gharghoda with the averment that for furnishing the bail of Koshilya Bai the present applicant presented himself as surety and for the same he produced his kisan kitab which was verified and it came to light that the applicant has already taken surety of Tohid Khan in one another case, but the same was missing from the kisan kitab of the applicant for which he could not give proper explanation. On the basis of said report FIR registered against the applicant and arrested the applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits thatThe applicant respectfully submits that he is innocent and has been falsely implicated in the alleged commission of offence, though he has not committed any offence whatsoever. The applicant is a labourer by profession and has no formal education; therefore, he lacks the technical knowledge or capacity to prepare any forged revenue document (Rin Pustika) and has been wrongly accused. As per the prosecution’s own case, the alleged forged document was prepared by the co-accused Jagannath Kasera, and no material evidence connects the present applicant to the said act. The applicant is not a habitual offender and has no prior criminal antecedents. He has been in judicial custody since 07.07.2025, , therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, and also taking into account that the applicant has no criminal antecedent, that the charge-sheet has been filed before the competent Court, and the applicant has been in judicial custody since 07.07.2025, and conclusion of the trial may take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Padamlochan Sao, involved in Crime No. 177/2025 registered at Police Station Gharghoda, District Raigarh (C.G.), for the offences punishable under Section 318(4),338,336(3), 340(2), 61(2) & 3(5) of BNS, be released on bail on his 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 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 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 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 Vaibhav