1 2025:CGHC:583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 906 of 2025 Rishi Shukla S/o Late Siddhnath Shukla Aged About 43 Years R/o Gandhi Chowk Balodabazar, District- Balodabazar-Bhatapara (C.G.) ... Applicant versus State of Chhattisgarh Through- The Station House OfÏcer, Police Station City Kotwali Balodabazar, District- Balodabazar-Bhatapara (C.G.) ... Non-Applicant For Applicant : Mr. Vikram Pratap, Advocate. For Non-Applicant/State : Mr. Monika Thakur, Panel Lawyer For Objector : Ms. Varsha Sharma, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 69/2025 registered at Police Station City Kotwali Balodabazar, District- Balodabazar-Bhatapara, (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant handed a sealed envelope to the applicant on 10.12.2024 for couriering it to RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.31 16:42:59 +0530 2 Thaneshwar Trivedi and paid Rs. 75/- for the service. In return, the applicant provided a receipt from Sky King Courier Service with barcode No. 419535196, but without mentioning the date on the receipt. Since the courier agency did not operate in the specified area, the applicant, after receiving telephonic instructions from the complainant, sent the envelope via Indian Post using the Speed Post service on 12.12.2024, which was later received by Thaneshwar Trivedi. Later, the complainant discovered that the applicant had taken money from him by providing a fake receipt. As a result, he lodged a written complaint at the police station, following which the applicant was arrested, and a case was registered against him. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in case by the police. He further submits that the sealed envelope, which the complainant had sent through Sky King Courier, was later dispatched by the Postal Department after the applicant communicated with the complainant, as Sky King Courier does not operate in that area. The sealed envelope was successfully received by Thaneshwar Trivedi, and he has not lodged any complaint regarding non-receipt of the envelope sent by the complainant, Shiva Vaishnav. He further submits that the applicant is employed at Sky King Courier Service, earning a monthly salary of Rs.1,000/-, and that he is disabled by birth. In this regard, the OfÏce of the Chief Medical Health OfÏcer, Balodabazar, has issued him a Unique Disability Identity Card, certifying 80% disability. He further submits that the present 3 applicant has no previous criminal antecedent and he is in jail since 17.01.2025. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State as well as learned counsel for the objector opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the present applicant had taken money from complainant by providing a fake receipt, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 17.01.2025, the fact that the sealed envelope, which the complainant had sent through Sky King Courier, was later dispatched by the Postal Department after the applicant communicated with the complainant, as Sky King Courier does not operate in that area, the sealed envelope was successfully received by Thaneshwar Trivedi, and he has not lodged any complaint regarding non-receipt of the envelope sent by the complainant, Shiva Vaishnav, further the fact that the applicant is employed at Sky King Courier Service, earning a monthly salary of Rs.1,000/-, and that he is disabled by birth, in this regard, the OfÏce of the Chief Medical Health OfÏcer, Balodabazar, has issued him a Unique Disability Identity Card, certifying 80% disability, further the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant 4 is entitled to be released on bail in this case. 7. Let the Applicant- Rishi Shukla, involved in Crime No. 69/2025 registered at Police Station City Kotwali Balodabazar, District- Balodabazar-Bhatapara, (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2) of Bharatiya Nyaya Sanhita, be released on bail on their 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 fixed in such proclamation, then, the trial court shall initiate proceedings against him, in 5 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. 8. OfÏce 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 Rahul Dewangan