1 2025:CGHC:6811 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1049 of 2025 1. Anosh Prakash S/o N. Prakash Aged About 39 Years R/o Green Park Colony, Jarhabhata, Police Station - Civil Lines, Tehsil/ District Bilaspur Chhattisgarh ... Applicant versus 1. State Of Chhattisgarh Through S.H.O. Police Station - Chakarbhata, District Bilaspur Chhattisgarh ... Respondent For Applicant : Mr. Awadh Tripathi, Advocate For Respondent(s) : Mr. UKS Chandel, Dy. Advocate General SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.02.2025 1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth ‘the BNSS’) for grant of regular bail to the applicant, who is in custody in connection with Crime No.106/2023 registered at Police Station Chakarbhata, District Bilaspur (CG) for the offence under Section 420 of IPC. NISHA DUBEY Digitally signed by NISHA DUBEY 2 2. Case of the prosecution, in brief, is that complainant lodged report in concerned police station to the effect that the applicant has sold the land to the complainant which has already been sold to other and thereby cheated the complainant. Based on aforementioned allegation, the police registered the crime in question and arrested the applicant on 10.12.2024. 3. Learned counsel for the applicant submits that present applicant is innocent and has not committed any offence as alleged against him. He submits that alleged incident has taken place in the year 2015 and the FIR has been registered after nine years of alleged incident. He submits that after investigation, charge sheet has been filed, custodial interrogation of applicant is not required, conclusion of trial is like to take time and the applicant has no criminal past, therefore, he prays for grant of regular bail to applicant. 4. On the other hand, the learned State counsel opposed the bail application of present applicant. 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, nature of offence and the fact that report is 3 lodged after nine years of alleged incident, applicant has no criminal antecedent and charge sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant Anosh Prakash involved in Crime No.106/2023 registered at Police Station Chakarbhata, District Bilaspur (CG) for the offence punishable under Section 420 of IPC, be released on regular bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the trial 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 their 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 4 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 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 Nisha