Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5751
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 870 of 2025 • Nilesh @ Vikas Pal S/o Late Pintu Pal Aged About 23 Years R/o Village Sarbhoka, Ps -Podi, District- Koriya (C.G.) Current District MCB
... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Podi, District Koriya (C.G.) Current District MCB
... Respondent For Applicant : Mr. Shakti Raj Sinha, Advocate For Respondent/State : Ms. Supriya Upasne, Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 31/01/2025
1. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 79/2024 registered at Police Station- Podi, District- Koriya (C.G.) Current District MCB, for the offence punishable under Sections 420, 467, 468, 471, 472, 473 and 34 of the IPC. PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.02.03 11:43:40 +0530
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2. Case of the prosecution, in brief, is that the complainant, namely Sandhya Singh, lodged a report against the applicant and three other co-accused persons, alleging inter alia that the accused persons have obtained a sum of Rs.2,30,000/- from the complainant for providing a government job to her son, Shubham Singh and thereafter, a forged appointment order was issued to him. Hence, the aforesaid offence has been registered.
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Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that there is no previous criminal antecedents registered against the present applicant. He would further submit that other co-accused persons, namely, Archana Pal, Sandeep Pal and Taha Bohra vide orders dated 05.08.2024, 23.10.2024 and 01.10.2024 in MCRCA No.868/2024, MCRC No.7409/2024 and MCRC No.6769/2024 have already been granted anticipatory/regular bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been filed in the present case. She further submits that the applicant has received Rs. 2,30,000/- from the complainant for providing job to her son and issued a forged appointment order, therefore, he is not entitled to be grant regular bail in this case. 3
5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts & circumstances of the case, that the charge-sheet has already been filed and particularly considering that there is no previous criminal antecedent registered against the present applicant and further the fact that three of the co-accused, namely, Archana Pal, Sandeep Pal & Taha Bohra have already been granted anticipatory/regular bail by this Court vide orders dated 05.08.2024, 23.10.2024 and 01.10.2024 passed in MCRCA No.868/2024, MCRC No.7409/2024 and MCRC No.6769/2024; the applicant is in jail since 07.06.2024, therefore, this Court is of the opinion that the present applicant is also entitled to be grant of regular bail on the ground of parity. 7. Let the Applicant - Nilesh @ Vikas Pal, involved in Crime No. 79/2024 registered at Police Station- Podi, District- Koriya (C.G.) Current District MCB, for the offence punishable under Sections 420, 467, 468, 471, 472, 473 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
4 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS. (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 BNS. (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 copy of this order to the trial Court for necessary information and compliance forthwith. -
Sd/-
(Ramesh Sinha)
Chief Justice Priyanka