1 2025:CGHC:42779 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5784 of 2025 Rambeer S/o Moharpal Aged About 30 Years R/o Village Jaunaai, P.S. Jait, District Mathura, Uttar Pradesh. ... Applicant versus State Of Chhattisgarh Through S.H.O. P.S. Surajpur, District Surajpur, Chhattisgarh. ... Respondent For Applicant : Shri Pushkar Sinha, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.297/2023 registered at Police Station Surajpur, District Surajpur, C.G for the offence punishable under Sections 420, 467, 468, 471, 34 of I.P.C. 2. Case of the prosecution, in brief, is that complainant Santosh Kumar Gupta lodged a written report at Police Station Surajpur, Distt.- Surajpur wherein stated that complainant is owner of Shiv Shakti GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.24 12:51:20 +0530 2 Jewelers shop and on 03.03.2023 when he was sitting in the shop at that time three male person and one female came to his shop and asked him to show jewellery and thereafter they will finalized the ornaments of about five lakhs rupees and also they said that they having some old gold ornaments (locket) which they have kept bill also, then those ornaments have been weighted which comes to 239 grams and then complainant kept that ornaments and given them ornaments of five lakhs rupees and cash amount of four lakh rupees. When the locket has been examined later on then it found that it is fake ornaments therefore lodged written complaint and upon that offence has been registered under section 420, 34 of I.P.C against unknown person and during investigation on the memorandum of co accused the applicant/accused has been arrested on 20.03.2025. 3. Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in the case. He would submit that the present applicant was never involved in any kind of offence and further applicant never visited to the shop of applicant on the date of incident and no name of applicant is mentioned in the FIR. He would further submit that only on the basis of memorandum of co-accused applicant has been implicated in the present case and further nothing has been seized from the applicant which shows the involvement of applicant. He would further submit that no test identification has been conducted by the police against applicant and further there is no document on records which reflects that the applicant was involved with other co-accused in commission of crime even he is not the beneficiary or received any amount and only on the basis of memorandum he has been implicated. He would submit that 3 the charge sheet has been filed in this case and the applicant is in jail since 20/03/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would further submit that the applicant has no criminal antecedents in the State of Uttar Pradesh. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, period of detention of the applicant since 20/03/2025, charge sheet has been filed, applicant has no criminal antecedents in the State of Uttar Pradesh and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Rambeer, involved in Crime No.297/2023 registered at Police Station Surajpur, District Surajpur, C.G for the offence punishable under Sections 420, 467, 468, 471, 34 of I.P.C., be released on bail on his furnishing a 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri