1 2025:CGHC:58947 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7702 of 2025 1 - Poonam Chand Yadav S/o Shri P.R. Yadav Aged About 42 Years R/o Court Colony Quarter No. C 14 Aavranbhata Thana And Distt. Dantewada, C.G. 2 - Ganesh Ram Markam S/o Kastur Chandra Markam Aged About 35 Years R/o New Court Colony Chintalanka Thana And Distt. Dantewada, C.G. ... Applicants versus State Of Chhattisgarh Through Aarakshi Kendra Dantewada Distt. Dantewada, C.G. ... Non-applicant For Applicants : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. S.S. Ubeja, 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 applicants who have been arrested in connection with Crime No. 66/2024, registered at Police Station – Aarakshi Kendra Dantewada District – Dantewada (C.G.) for the offence punishable under Sections 61(2)(a), 318(4) r/w Section3(5), 334(1), r/w Section 3(5), 336(3) r/w Section 3(5), 338 r/w Section 3(5), 340(2) r/w Section 3(5) of the BNS VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.05 12:06:28 +0530 2 2. The prosecution story, in brief is that the administrative officer of Family Court lodged an written report to P.S. Dantewada that for establishment of family court Dantewada recruitment of Asst. Grade II (04 posts) and stenographer (01 post) skill test has been organized in which present applicants being an employee of that establishment used the illegal means for the selection of their candidate of that exam. Upon receiving such complaint F.I.R. has been registered and during the course of investigation present applicants has been arrested. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and has been falsely implicated in the aforesaid case. He further submits the applicants are innocent and have no connection whatsoever with the alleged crime. The applicants have been in jail since 30.09.2024, and if released on bail by this Hon’ble Court, they shall not misuse the liberty so granted. The allegations levelled against them are frivolous and baseless. The applicants are government servants and have been behind bars for more than ten months. Even if the prosecution story is taken at its face value, no offence is made out against the applicants. After registration of the FIR, the investigating agency, merely on the basis of their suspension, arrested the applicants and falsely implicated them only to complete a formality, even obtaining their memorandum under pressure. The charge-sheet has already been filed, and no further custodial detention of the applicants is required for the purpose of investigation. In the present crime, one of the co-accused has been granted bail by the Hon’ble Supreme Court and two other co-accused have been 3 granted bail by this Hon’ble Court copies of the bail orders are filed as Annexure A/3. The allegations made by the prosecution are baseless and without any nexus. The applicants are permanent residents of the above-mentioned address, and there is no likelihood of their absconding or tampering with the prosecution case. The applicants are ready and willing to furnish adequate surety and undertake to abide by all 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 of the present applicants 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. Taking into consideration the facts and circumstances of the case, and further noting that the applicants have no criminal antecedents and that the charge-sheet has already been filed before the competent Court, coupled with the circumstance that the applicants have been in jail since 30.09.2024 and the conclusion of the trial is likely to take some more time, this Court is of the view that the applicants are entitled to be released on bail in the present case. 7. Let applicants, Poonam Chand Yadav & Ganesh Ram Markam involved in Crime No. 66/2024, registered at Police Station – Aarakshi Kendra Dantewada District – Dantewada (C.G.) for the offence punishable under Sections 61(2)(a), 318(4) r/w Section3(5), 334(1), r/w Section 3(5), 336(3) r/w Section 3(5), 338 r/w Section 3(5), 340(2) r/w Section 3(5) of the BNS, be released on bail on furnishing 4 personal bond with two local sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants 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 applicants 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 applicants 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. (iv) The applicants 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 themselves 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