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2025 DAILYLAW 53879 (CHH)

KAPIL DESHLAHARE v. STATE OF CHHATTISGARH

MCRC/3469/2025 · 2025-05-04

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:20509 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3469 of 2025 Kapil Deshlahare S/o Shri Sundar Lal Deshlahare Aged About 45 Years R/o Village- Darr-Mujgahan, Ward No. 12, Balod, District Balod, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Civil Lines, District Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 05.05.2025 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. 54/2025 registered at Police Station : Civil Lines, District – Raipur (C.G.) for the offence punishable under Sections 420, 467, 468, 471 r/w Section 34 of the Indian Penal Code. 2. The prosecution's case, in brief, is that the complainant filed a complaint alleging that the applicant, along with other co-accused ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.06 11:47:56 +0530 2 persons, promised to secure a government job for her. They allegedly induced her to fill out a form for the post of Food Inspector and demanded Rs. 25,00,000/- which she paid in installments. However, the accused persons failed to provide the job, prompting the complainant to lodge a report against them. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that other co-accused person, namely, Haldhar Behra in MCRC No. 3037 of 2025 vide order dated 22.04.2025 has already been granted regular bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge - sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that the other co-accused person, namely, Haldhar Behra in MCRC No. 3037 of 2025 vide order dated 22.04.2025 has already been granted regular bail by this Court, also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and the applicant is in jail since 15.02.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is 3 entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Kapil Deshlahare, involved in Crime No. 54/2025 registered at Police Station : Civil Lines, District – Raipur (C.G.) for the offence punishable under Sections 420, 467, 468, 471 r/w Section 34 of the Indian Penal Code, be released on bail on his furnishing 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. (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 Abhishek