1 2025:CGHC:20489 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2834 of 2025 Aadil @ Parveen S/o Maqbul Aged About 30 Years R/o Merareti, Thana - Madmukteswer, Janpad - Hapud (U.P.) ... Applicant versus State of Chhattisgarh Through - Police Station - Baikunthpur, District - Koriya (C.G.) ... Non-applicant For Applicant : Mr. Sanjay Kumar Yadav, Advocate For Non-applicant/State : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 13/2025, registered at Police Station : Baikunthpur, District - Koriya, (C.G.) for the offence punishable under Sections 140(3), 318, 308(5) and 61(2), of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. The case of the prosecution, in a nutshell, is that the complainant, namely Amir Sai, lodged a complaint against the applicant along RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 with other co-accused, stating that on 05.01.2025 at around 9:00 AM, the applicant approached him and requested to level agricultural land at a low cost using a JCB machine. Both parties agreed, and the work began on the agricultural land. However, after two days, the other co-accused allegedly kidnapped the complainant, forced him onto a motorcycle, and took him to the State Bank of India, Baikunthpur branch, where they threatened to kill him. Under duress, the complainant withdrew Rs. 15 lakhs from his account, and the accused fled with Rs. 7 lakhs via cheque. The police subsequently investigated the matter and registered an offense under Sections 140(3), 318, 308(5), and 61(2) of the B.N.S. The applicant was arrested on 23.01.2025. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He further submits that the present applicant is a labour and he has been roped in the offence due to enmity. He further submits that there is no evidence against the applicant and there is also 02 days delay of lodging FIR. He further submits that the present applicant is in jail since 23.01.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that the applicant requested to level agricultural land using a JCB at a low 3 cost, which was agreed upon. Two days later, the co-accused allegedly kidnapped him, took him to SBI Baikunthpur, threatened to kill him, and under pressure, he withdrew Rs. 15 lakhs, out of which Rs. 7 lakhs were taken through cheque. Therefore, the present applicant is not entitled to be granted regular bail in this 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 that though the applicant has committed fraud by taking money from the complainant, but the present applicant has no criminal antecedent, the charge-sheet has been submitted before the competent Court and the applicant is in jail since 23.01.2025, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let applicant, Aadil @ Parveen, involved in Crime No. 13/2025, registered at Police Station : Baikunthpur, District - Koriya, (C.G.) for the offence punishable under Sections 140(3), 318, 308(5) and 61(2), of Bharatiya Nyaya Sanhita, 2023, be released on bail on 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. 4 (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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan