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2025 DAILYLAW 55397 (CHH)

KRISHNA DAS v. STATE OF CHHATTISGARH

MCRC/9809/2025 · 2025-12-02

body2025

Judgment text

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1 2025:CGHC:58588 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9809 of 2025 Krishna Das S/o Devdhar @ Devnath Das, Aged About 43 Years, R/o Bilaigarh Sidhwa, P.S. Candrapur, District - Sakti Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Saraipali, District – Mahasamund, Chhattisgarh ... Non-applicant For Applicant : None. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.12 .202 5 1. None appears on behalf of the applicant to press this application when the case is called out, however, with the assistance of the learned State counsel, this Court proceeds to hear and decide this bail application. 2. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 78/2025, registered at Police Station – Saraipali, District – Mahasamund, (C.G.) for the offence punishable under Sections 318(4) and 3(5) of Bharatiya Nyaya Sanhit, 2023. 3. As per the prosecution story, the complainant, Sunal Kumar Behra, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.04 11:32:27 +0530 2 Branch Manager of Indian Overseas Bank, Saraipali, lodged a written report alleging that accused persons Krishna Das, Ravishankar Patel, Hazari Prasad Chauhan, Dilip Sharma, Rajkumar Barsagde, Nilamber Vibhar, and Khirod Kumar Sahu—applied for loans by proposing to mortgage gold ornaments. The ornaments submitted by them were sent for evaluation, and the present applicant along with Siyaram Choudhari evaluated the same. On the basis of this evaluation, loans were sanctioned to the beneficiaries. Subsequently, the ornaments were found to be fake, revealing that the accused persons had cheated and defrauded the bank. It is further alleged that the beneficiaries had purchased these fake gold ornaments from one Naim Uddin, who dealt in forged ornaments. Thereafter, an FIR was registered against the present applicant and other co-accused persons. 4. It has been pleaded in the bail application that the applicant is innocent and has been falsely implicated in this case. The co-accused, namely, Gangadhar Pushti has been granted bail by this Court vide order dated 17.11.2025 passed in MCRC No. 9227/2025, and the applicant is in jail since15.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. The learned State counsel opposes the bail application of the applicant but could not dispute the fact that the co-accused person has already been granted bail by this Court. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the co-accused person, namely, Gangadhar Pushti has been granted bail by this Court vide order dated 17.11.2025 passed in MCRC 3 No. 9227/2025, and the applicant is in jail since 15.10.2025, the applicant has no previous criminal antecedents, the charge-sheet has been filed in this case, and the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case on the ground of parity. 8. Accordingly, the bail application is allowed. Let applicant - Krishna Das, respectively involved in Crime No. 78/2025, registered at Police Station – Saraipali, District – Mahasamund, (C.G.) for the offence punishable under Sections 318(4) and 3(5) of Bharatiya Nyaya Sanhit, 2023, 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall 4 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 her in accordance with law. 9. After passing of the order, Mr. Ajay Kumar Chandra, learned counsel for the applicant states that his presence may be marked. 10. 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 Preeti