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2025 DAILYLAW 54107 (CHH)

LAXMAN SINGH DHRUV @ RAKESH DHRUV v. STATE OF CHHATTISGARH

MCRC/7426/2025 · 2025-10-28

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Judgment text

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1 2025:CGHC:52788 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7426 of 2025 Laxman Singh Dhruv @ Rakesh Dhruv S/o Charan Singh Dhruv Aged About 38 Years R/o Village- Dhurva Gudi P.S. Inda Goan District- Gariyaband (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, P.S. Amlipadar District- Gariyaband (C.G.) ... Respondent For Applicant : Shri Anurag Jha, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/10/2025 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.61/2025 registered at Police Station AmliPadar District - Gariyaband (C.G.) for the offence punishable under Sections 318(4), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.30 19:49:34 +0530 2 316(5), 3(5) BNS. 2. Case of the prosecution, in brief, is that allegation against the present applicant is that a complaint was lodged against Jhatkanti Manjhi and Premsingh Manjhi that they have taken the amount from one Finance Company Bharat Finance Company and they have falsely taken amount from the complainant Pushpanjali Manjhi. In this context the role of the Applicant alleged is that he was also a beneficiary.- 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant is working in the company as agent of Indusind Bank which is prima facie established by the Investigation Agency itself and there is no allegation from the company against him. He would submit that the applicant has been enroped in false and fabricated case as he had no role of being getting monetary benefit and the applicant being agent for the INDUSIND Bank has given the amount of Rs.10,000 which was the part of his Job. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 02/07/2025 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 and the applicant has no criminal antecedents. 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, 3 nature of allegation levelled against the applicant, period of detention of the applicant since 02/07/2025, charge sheet has been filed, applicant has no criminal antecedents 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- Laxman Singh Dhruv @ Rakesh Dhruv, involved in Crime No.61/2025 registered at Police Station AmliPadar District - Gariyaband (C.G.) for the offence punishable under Sections 318(4), 316(5), 3(5) 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. (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 4 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