1 2025:CGHC:12103 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1252 of 2025 Rajkumar Chauhan S/o Shri Firangi Lal Chauhan, Aged About 42 Years R/o Thakurdiya Para, Kosmanda, Police Station Champa, District Janjgir Champa Chhattisgarh. ... Applicant versus The State of Chhattisgarh Through The Police Station Champa, District Janjgir Champa Chhattisgarh. ... Non-Applicant For Applicant : Mr. Punit Ruparel, Advocate. For Non-Applicant/State : S.S.Baghel, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.03.2025 1. This is the fourth bail application of the applicant. His earlier three bail applications have been dismissed by co-ordinate Bench of this Court and the case has been listed before this Court after nomination from the Hon’ble Chief Justice. 2. This is the fourth bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 30/2024 registered at Police Station Champa, District Janjgir Champa (C.G.) for the offences PREETI KUMARI Digitally signed by PREETI KUMARI 2 punishable under Sections 419, 420, 467, 468, 471 and 120(B) read with Section 34 of Indian Penal Code. 3. Earlier two bail applications were dismissed on merits and third bail was dismissed was withdrawn with liberty to repeat the prayer after examination of the seizure witnesses. 4. Case of the prosecution, in brief, is that the accused opened a Bank of India account in Kosmanda, depositing Rs. 3 lakhs. The accused then deposited the passbook with Rajkumar Chauhan, who afÏxed his wife Asha Devi's photograph and forged signatures to withdraw Rs. 2,75,000 between 16.06.2023, and 06.11.2023. The complainant discovered the withdrawals when she went to the bank and filed a written complaint. During the investigation, police found that the Branch Manager and the accused conspired to commit fraud. The applicant and co- accused filed bail applications, which were rejected. The applicant again approached the court for regular bail on 19.04.2024, but was rejected. This is the applicant's fourth bail application. 5. It has been argued by learned counsel for the applicant that the applicant is innocent and falsely implicated in this case. It is further submitted by the learned counsel for the applicant that this is the fourth bail application of the applicant. His earlier two bail application was dismissed on merits and third bail was dismissed was withdrawn with a liberty to repeat the prayer after recording of the witnesses of the seizure witnesses. He further submitted that out of 12 prosecution witnesses, statement of 05 prosecution witnesses has been examined and and the allegation is that the complainant is known by the name of Asha Devi and her husband is also known by the Rajkumar Chauhan and it is stated that the Asha Devi has withdrawn some money from the complainant’s accounts amount of 3 Rs. 2,75,000/- and Asha Devi has already been granted bail by the co- ordinate Bench of this Court vide order dated 20.02.2024 passed in MCRC No. 962/2024. So far as the applicant is concerned he is languishing in jail 08.01.2024 for more than year and trial has not yet concluded. Further, the charge-sheet has already been filed and the applicant has no criminal antecedents. Therefore, he prays for grant of regular bail to the applicant. 6. On the other hand, learned counsel appearing for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case and the fact that this is the fourth bail application of the applicant, his earlier two bail application was dismissed on merits and third bail was dismissed was withdrawn with a liberty to revive the prayer after recording of the witnesses of the seizure witnesses, further the fact that out of 12 prosecution witnesses, statement of 05 prosecution witnesses has been examined and the allegation is that the complainant is known by the name of Asha Devi and her husband is also known by the Rajkumar Chauhan and it is stated that Asha Devi has withdrawn some money from the complainant’s account amount of Rs. 2,75,000/- and Asha Devi has already been granted bail by the co-ordinate Bench of this Court vide order dated 20.02.2024 passed in MCRC No. 962/2024, so far as the applicant is concerned he is languishing in jail 08.01.2024 for more than year and trial has not yet concluded, further, the charge-sheet has already been filed and the applicant has no criminal antecedents, this 4 Court is of the view that the applicant is entitled to be released on bail in this case 9. Accordingly, the fourth bail application of the applicant is allowed. Let the applicant - Rajkumar Chauhan, involved in Crime No. 30/2024 registered at Police Station Champa, District Janjgir Champa (C.G.) for the offences punishable under Sections 419, 420, 467, 468, 471 and 120(B) read with Section 34 of Indian Penal Code, be released on bail on their furnishing personal bond with two heavy sureties, out of which one of the them should be a family member 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 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (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 313 Cr.P.C. If in the opinion of the trial court 5 absence of the applicants are 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 them in accordance with law. 10. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 11. OfÏce 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 Preeti