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2025 DAILYLAW 60753 (CHH)

RAJANRATNA KUJUR v. STATE OF CHHATTISGARH

MCRC/7796/2025 · 2025-12-03

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Judgment text

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1 2025:CGHC:58946 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7796 of 2025 Rajanratna Kujur S/o Shri Charo Kujur Aged About 43 Years R/o Village- Balishankra, Police Station - Talsara, Distt- Sundargarh (Odisa) (Wrongly Mentioned In Impugned Order As Distt- Janjgir-Champa (C.G.) ... Applicants versus State Of Chhattisgarh Through- District- Magistrate, Distt- Janjgir-Champa (C.G.) ... Non-applicant For Applicant : Mr. Vivek Kumar Shrivastava, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.12.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 296/2024, registered at Police Station – Baradwar District – Sakti (C.G.) for the offence punishable under Sections 420, 120B of the IPC {318(4) and 61(2) of the BNS, 2023} and Section 10 of the Protection VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.05 12:06:28 +0530 2 of Depositors Interest Act. 2. The prosecution story, in brief is that tthe applicant in association with other co-accused/collection agents obtained a total sum of Rs.23.50 lacs from the complainant Dikeshwar Sahu, Garibdas and others on the allurement of doubling the same but no such amount was returned to them. As such, the accused/applicant and other co-accused committed the offence of cheating by hatching a criminal conspiracy. After Investigation charge sheet has been filed 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits the The applicant is the sole earning member of his family, and due to his incarceration, his family is facing acute financial hardship. A similarly situated co-accused, Noorjahan Begum, has already been granted bail by this Hon’ble Court vide order dated 16.01.2025 passed in MCRC No. 417/2025, a copy of which is annexed as Annexure A/3. The applicant has no criminal antecedents and this is the first offence alleged against him. He has been in jail since 31.01.2025; the charge-sheet has already been filed; nothing further is required to be seized from him; and the trial is likely to take considerable time for its conclusion. The applicant is a permanent resident of the address mentioned in the cause title, and therefore, there is no likelihood of his absconding. The applicant is ready to furnish adequate surety and undertakes to abide by all the directions and conditions which may be imposed by this Hon’ble Court, therefore, he humbly prays that he be granted bail. 4. On the other hand learned State counsel opposes the bail application 3 of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, and also taking into account that the applicant has no criminal antecedent, that the charge-sheet has been filed before the competent Court, and the applicant has been in judicial custody since 31.01.2025, and conclusion of the trial may take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Rajanratna Kujur, involved in Crime No. 296/2024, registered at Police Station – Baradwar District – Sakti (C.G.) for the offence punishable under Sections 420, 120B of the IPC {318(4) and 61(2) of the BNS, 2023} and Section 10 of the Protection of Depositors Interest Act. , be released on bail on furnishing personal bond with two local 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 4 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 vaibhav