1 2026:CGHC:393 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9699 of 2025 • Tularm (Tularam) Dahariya S/o Khorbahra Dahariya Aged About 44 Years R/o Village Khadva, Tehsil And P.S. Simga, District Balodabazar-Bhatapara (C.G.) ... Applicant versus • State of Chhattisgarh Through The S H O Police Station Hathband, District Balodabazar-Bhatapara (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Siddharth Pandey, Advocate For Respondent/State : Ms. Anusha Nayak, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 210/2025, registered at Police Station – Hathband, District – Balodabazar (C.G.) for the offence punishable under Sections 318(4), 3(5) and 112 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that a written complaint was lodged by the Complainant/Dwarika Prasad Pal, alleging that on 16.08.2025 at about 4:00 P.M., the co-accused Taksh Tandon, along with the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.06 11:49:59 +0530 2 present applicant, came to the Complainant and offered to purchase his paddy crop @ Rs. 2200/- Per Quintal, assuring that the entire amount would be paid within 15 Days. It is further alleged that after buying 158.47 quintals of paddy from the Complainant, the accused persons paid only Rs. 60,000/- in two installments and later failed to pay the remaining Rs 2,88,634/-. It has been further alleged that the accused persons also purchased the paddy from other farmers and did not make payment to them, thereby cheating them. On the basis of the aforesaid, an FIR has been registered against the applicant, hence, this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case and there is three criminal antecedents registered against the present applicant and same are explained in additional affidavit. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 03.11.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is three criminal antecedents registered against the present applicant and all are disposed off. She further submits that the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is three criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, 3 the applicant is in jail since 03.11.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Tularm (Tularam) Dahariya involved in Crime No. 210/2025, registered at Police Station – Hathband, District – Balodabazar (C.G.) for the offence punishable under Sections 318(4), 3(5) and 112 of the Bharatiya Nyaya Sanhita, 2023 (BNS) 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 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 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 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 4 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 certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali