1 2025:CGHC:12368 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 769 of 2025 Leelaram Sahu S/o Shri Tarachand Sahu Aged About 26 Years R/o Village- Panchbhaiya, Police Station- Dadhi, Distt.- Bemetara (Chhattisgarh) ... Applicant versus State of Chhattisgarh Through P.S.- Lalpur, Tahsil- Lorami, District – Mungeli, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Rajnish Singh Baghel, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. For Objector : Mr. Bhorelal Tandon, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.03.2025 1. 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. 146/2024, registered at Police Station – Lalpur, District – Mungeli (C.G.) for the offence punishable under Sections 420 and 34 of the Indian Penal Code (for short, IPC). 2. The case of the prosecution, is that on a written complaint FIR was registered alleging that the applicant and one more co-accused have RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 purchased paddy from different villagers belonging to different villages between 04.06.2023 to 05.07.2023, around 4200 sacks of 40 Kilo each was purchased, on demand being made for payment two cheques were issued on 01.01.2024 which was later on taken back by the applicant promising to pay in cash. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case and the co- accused Jittu Sahu has been enlarged in bail by the learned trial Court. The applicant is in jail since 15.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. Learned counsel for the applicant prays that I.A. No. 01 of 2025, application for grant of Ad-interim bail, be dismissed as withdrawn. 5. In view of the same, application for grant of Ad-interim bail I.A. No. 01 of 2025, is dismissed as withdrawn. 6. On the other hand, the learned State counsel as well as the counsel for the objector opposed the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that on a written complaint FIR was registered alleging that the applicant and one more co-accused have purchased paddy from different villagers belonging to different villages between 04.06.2023 to 05.07.2023, around 4200 sacks of 40 Kilo each was purchased, on demand being made for payment two cheques were issued on 01.01.2024 which was later on taken back by the applicant promising to pay in cash, therefore, he is not 3 entitled for grant of bail. 7. I have heard learned counsel for the parties and perused all of the documents available on record. 8. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed in this case and the co-accused Jittu Sahu has been enlarged in bail by the learned trial Court, the applicant is in jail since 15.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 9. Let applicant, Leelaram Sahu, involved in Crime No. 146/2024, registered at Police Station – Lalpur, District – Mungeli (C.G.) for the offence punishable under Sections 420 and 34 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 sufÏcient 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 4 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 sufÏcient 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. 10. OfÏce 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 Rajshekhar