1 2025:CGHC:51526 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8272 of 2025 Harendra Kumar Netam S/o Late Rameshwar Prasad Netam Aged About 57 Years R/o Village Mangchua Police Station - Gurur, District - Balod At Present R/o J - Paket, H. No. 5 C Marauda, Sector Bhilai, Police Station - Newai, District Balod Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Officer-In-Charge, Police Station Doundi, District – Balod, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Shivam Agrawal, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 53/2024, registered at Police Station – Doundi, District – Balod (C.G.) for the offence punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that The case arises out of the suicide of one Devendra Kumar Thakur, who allegedly ended his life by hanging RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 himself on 03.09.2024. Upon receiving information, Merg No. 52/2024 was registered, and statements of witnesses were recorded. During inquiry, it came to light that the deceased, a teacher by profession, had allegedly collected money from around 70–80 persons on the assurance of providing them employment in the Forest Department, acting in furtherance of the common intention of the main accused Madar Khan @ Salim Khan and other co-accused persons. An interview was purportedly organized at Raipur in July 2022, where candidates were promised appointment letters within two months or refund of their money. However, neither were appointments made nor was the money returned. Under mental stress due to the pressure from the depositors, the deceased committed suicide, leaving behind a suicide note naming Harendra Netam, Madar Khan @ Salim Khan, Pradip Singh Thakur, and former Forest Minister Mohammad Akbar as responsible for his death. On the basis of the said note and investigation, an offence was registered against the applicant and other accused persons, and after completion of investigation, a charge-sheet was filed on 07.12.2024. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 2 criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case, and the main accused has been granted bail by this Court vide order dated 08.08.2025 passed in MCRC No.6281/2025. The applicant is in jail since 03.09.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail 3 application and submits that there are 2 criminal antecedents registered against the applicant, and he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant and the main accused has been granted bail by this Court vide order dated 08.08.2025 passed in MCRC No.6281/2025, the applicant is in jail since 03.09.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Harendra Kumar Netam, involved in Crime No. 53/2024, registered at Police Station – Doundi, District – Balod (C.G.) for the offence punishable under Sections 108 and 3(5) of the BNS, 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. 4 (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 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 Rajshekhar