1 2025:CGHC:20715 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2046 of 2025 Prabhash Mandal S/o Shri Kalachand Mandal Aged About 45 Years R/o Village Nehrunagar, Police Station Gandhinagar, Tahsil Ambikapur, District Sarguja, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Gandhinagar, District Sarguja, Chhattisgarh. ... Non-applicant For Applicant : Mr. Aditya Sharma, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06.05.2025 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. 757/2024 registered at Police Station : Gandhinagar, District Sarguja (C.G.) for the offence punishable under Sections 409, 420, 120-B, 467, 468, 471 of the Indian Penal Code. 2. According to the prosecution's story, Nayab Tahsildar Jayesh ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.07 17:07:41 +0530 2 Kanwar of Ambikapur lodged a written complaint with the Gandhinagar Police Station, Ambikapur (Chhattisgarh), alleging that Agastus Lakara, the then Halka Patwari, had registered government land (Khasra No. 135, area 0.390 hectares) in the name of the present applicant without an order from a competent Court or authority. Consequently, a crime was registered against the Patwari and the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He argues that the other co-accused person, namely, Agastus Lakara in MCRCA No. 589 of 2025 has already been granted anticipatory bail by this Court vide order dated 28.04.2025. He further submits that the applicant has no criminal antecedents and he is in jail since 22.02.2025, conclusion of the trial may take some time, 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 submitted before the competent Court in the present case. He further submits that in compliance with this Court's order dated 21.04.2025, whereby the Director General of Police, Chhattisgarh, Raipur, was directed to call for an explanation from the concerned Investigating Officer as to why he did not submit a final report and file an affidavit in this regard, the Director General of Police, Chhattisgarh, Raipur, has submitted a report stating that against the then In-charge of Gandhinagar Police Station, namely 3 Mordhwaj Deshmukh, has been awarded a minor punishment of censure by the Senior Superintendent of Police, Surguja (Chhattisgarh), vide order dated 30.04.2025. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that in compliance of this Court's order dated 21.04.2025, the Director General of Police, Chhattisgarh, Raipur, has submitted a report stating that against the then In-charge of Gandhinagar Police Station, namely Mordhwaj Deshmukh, has been awarded a minor punishment of censure by the Senior Superintendent of Police, Surguja (Chhattisgarh), vide order dated 30.04.2025, further the co-accused person, namely, Agastus Lakara in MCRCA No. 589 of 2025 has already been granted anticipatory bail by this Court vide order dated 28.04.2025, moreover, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 22.02.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Prabhash Mandal, involved in Crime No. 757/2024 registered at Police Station : Gandhinagar, District Sarguja (C.G.) for the offence punishable under Sections 409, 420, 120-B, 467, 468, 471 of the Indian Penal Code, be released on bail on his furnishing a personal bond with two sureties in the like amount 4 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 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 5 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 Abhishek