1 2025:CGHC:30309 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4624 of 2025 Ankit Tamrakar S/o Rajkishore Tamrakar Aged About 27 Years R/o Village Jashpurnagar Near Maharaja Chowk P.S. Jashpur District - Jashpur (C.G.) ... Applicant versus The State Of Chhattisgarh Through SHO, P.S. Jashpur District - Jashpur (C.G.) ... Respondent For Applicant : Shri Rishikant Mahobia, Advocate. For Respondent/State : Shri Saumya Rai, PL. For complainant : Shri Manoj Chauhan, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/07/2025 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.10/2025 (Wrongly stated Crime No. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.04 16:33:42 +0530 2 10/2020 in the impugned order) registered at Police Station Jashpur, District Jashpur, Chhattisgarh for the offence punishable under Section 420 of the IPC. 2. Case of the prosecution, in brief, is that the applicant is involved in land dealing business. He shows a piece of land to the complainant and received a sum of Rs. 12,75,000/- from him under the pretext of selling the said land. An agreement was executed in this regard. However, it was later revealed that the said land is not belonging to the present applicant and he has no legal right to sell it. The applicant falsely represented someone's land as his own and thereby dishonestly induced the money of complainant, and upon the complaint, the FIR has been lodged against him. 3. Learned counsel for the applicant submits that the allegations raised against the applicant are false and fabricated. He would submit that on 18.01.2025, the complainant was called on Police Station and under influence and pressure, the cheque book of the applicant was called through applicant's brother, and three cheque bearing nos. 050431, 050432, & 050433, each of Rs. 10,00,000/- were forcibly signed by the applicant in the police Station and illegally taken into the custody by A.S.I. Chandraprakash Tripathi, which is arbitrary and illegal. He would submit that in fact the complainant Philip Tirkey has entered into an agreement for land purchase with Raja @ Rajesh Gupta on a stamp paper dated 19.01.2024, and had deposited Rs. 3 20,80,000/- in account of one Manish Choudhry, who then gave the money to Raja Gupta. The applicant is merely a witness in that agreement and not a party to the transaction. He would submit that Co-accused Rajesh Gupta has already been granted anticipatory bail by this Court in MCRCA/190/2025 on 04.02.2025. He would submit that the applicant is having one criminal antecedent which is pending and the applicant is in jail since 17/01/2025, charge sheet has been filed 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 as well as learned counsel for complainant opposes the bail application. 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, considering the nature of allegation levelled against the applicant, the fact that co-accused Rajesh Gupta has already been granted anticipatory bail by this Court in MCRCA No.190/2025 on 04.02.2025, period of detention of the applicant since 17/01/2025, charge sheet has been filed and trial is likely to 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. 7. Accordingly the bail application is allowed and it is directed that the Applicant-Ankit Tamrakar, involved in Crime No.10/2025 4 (Wrongly stated Crime No. 10/2020 in the impugned order) registered at Police Station Jashpur, District Jashpur, Chhattisgarh for the offence punishable under Section 420 of the IPC, 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 shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (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