1 2025:CGHC:55880 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9227 of 2025 • Gangadhar Pushti S/o Shyambandhu Aged About 45 Years R/o Ward No. 14 Saraipali, District Mahasamund (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station, Saraipali, District- Mahasamund (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Goutam Khetrapal, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.11.2025 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. 78/2025, registered at Police Station – Saraipali, District – Mahasamund (C.G.) for the offence punishable under Sections 318(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that complaint Sunal Kumar Behra posted as Branch Manager, Indian Overseas bank, Saraipali lodged written report before the Police Station Saraipali alleging therein that the accused Krishna Das, Ravishankar Patel, Hazari Prasad VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.19 10:49:57 +0530 2 Chauhan, Dilip Sharma, Rajkumar Barsagde, Nilamber Vibhar and Khirod Kumar Sahu applied for loan and they have proposed for mortgage of gold ornaments. The gold ornaments handed over by the said accused persons were sent for evaluation and the present applicant and Siyaram Choudhari have evaluated the ornaments and on the basis of said mortgaged gold ornaments, the loan was given to the beneficiaries. Later on the gold ornaments have found to be fake, thus the accused persons have cheated and defrauded the Bank. It is further alleged that the said beneficiaries have purchased the said gold ornaments from one Naim Uddin, who used to sale forged gold ornaments. Thereafter, FIR has been registered against the present applicant. Hence, this bail application. 3. It is argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He also submits that applicant was working as a Valuer in the Indian Overseas Bank and he has examined and evaluated the gold ornaments sent by the Bank and by way of summary evaluation he said gold ornaments have found to be fake and there is one audit report of company in question, which goes to show that the applicant himself was doubted on the purity of the gold, which is worth of Rs.22,84,000/-. He also submits that there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 22.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has 3 been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. 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 against the applicant, the applicant is in jail since 22.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Gangadhar Pushti, involved in Crime No.78/2025, registered at Police Station – Saraipali, District – Mahasamund (C.G.) for the offence punishable under Sections 318(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali