1 2025:CGHC:7505 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1198 of 2025 Deepraj Gaikwad S/o Shri Krishna Rao Gaikwad Aged About 33 Years R/o Om Society, Sundar Nagar, Raipur, Tehsil And District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S.- Kasdol, District- Balodabazaar (C.G.) ... Respondent(s) For Applicant(s) : Mr. Chandresh Shrivastava, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.450/2024, registered at P.S.- Kasdol, District- Balodabazaar (C.G.) for the offence punishable under Section 420 of the IPC. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that complainant lodged an FIR alleging that the applicant and co-accused alluring him for getting admission of his son Sahil Yadav in Jawaharlal Nehru Medical College under Management quota who had participated in NEET Exam have accepted in installments a total amount of Rs 4,00,000/-. The police authorities on the basis of said complaint registered FIR and during investigation recorded memorandum statement of applicant and have seized one Samsung mobile. 3. Learned counsel for the applicant submits that the applicant is innocent person and has been falsely implicated in the matter. He further submits that co-accused Raj @Pushpraj Gaikwad in MCRC No. 8423/2024 has been granted bail by this Court on 03.01.2025. Also, mere perusal of the FIR itself would reflect that the same does not disclose any offence as alleged against the present applicant. It is admittedly the case of complainant that the incident is of June 2023 and the FIR has been lodged on 15.10.2024 whereas the complainant has deliberately suppressed the material fact of any justification for delay. The complainant has given loan to the brother of applicant and for which an agreement was also executed on 01.05.2024 between them and when the brother of applicant gave cheque to the applicant which got dishonored even a complaint case has already been filed by complainant which is registered as Criminal Case No. 1765/2024 and is pending before Judicial Magistrate First Class, Kasdol, Balodabazaar. The complainant with malafide intention knowingly 3 made a false case against the applicant and his brother who had taken loan. The police authorities without even verifying the correctness of allegations and the aforesaid facts have directly registered offence and even arrested the applicant. The entire case of prosecution against the applicant has been made on the basis of involuntary memorandum recorded by police. Lastly, the applicant is in jail since 16.10.2024, though the charge-sheet has been filed, the conclusion of the trial is likely to take some time. Hence, he prays for grant to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submissions advanced by learned counsel for the applicant. 5. From perusal of the records, it transpires that the co-accused Raj @Pushpraj Gaikwad have already been granted bail by this Court in MCRC No. 8423/2024 vide order dated 03.01.2025 and further from the documents placed on record by the learned counsel for the applicant, it goes to show that the complainant with malafide intention knowingly made a false case against the applicant and his brother who had taken loan from him. Further, the applicant is languishing in jail since 16.10.2024 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence the bail application of the applicant stands allowed. 6. Let applicant, Deepraj Gaikwad, involved in Crime No.450/2024, registered at P.S.- Kasdol, District- Balodabazaar (C.G.) for the offence punishable under Section 420 of the IPC, be released on 4 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 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 5 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. 7. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal