1 2026:CGHC:5601 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10438 of 2025 • Vijay Kumar Sahu S/o Lt. R.L. Sahu Aged About 63 Years R/o House No. Mig 162, Chandela Nagar, P.S. Civil Line, Bilaspur (C.G.) ... Applicant versus • State of Chhattisgarh Through The Sho Marwahi, Police Station- Marwahi (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ravindra Sharma, Advocate For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.01.2026 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. 237/2024, registered at Police Station – Marwahi, District- Gourela- Pendra-Marwahi, (C.G.) for the offence punishable under Sections 420 of the Indian Penal Code (for short, IPC). 2. The case of the prosecution, is that the applicant (the accused) obtained a total sum of Rs. 3,00,000/- (in three parts ie. Rs. 1,50,000/- Rs. 1,00,000/- Rs. 50,000/- from the complainant Parasu VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.02 10:50:59 +0530 2 Kewat in name of arranging employment for his son Uttam Kewat in forest department and a cheque bearing number 019317 of Central Bank of India was given by the applicant (the accused) to the complainant to gain faith but no job was arranged for his son even after lapse of three years and when the applicant (the accused) was asked to return money, the applicant (the accused) started evading and no money was returned to the complainant. On the said complaint, FIR has been registered against the applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the applicant is that the applicant/accused was posted at the Government Higher Secondary School, Seoni Marwahi. During that time, the applicant and his son, under the influence of alcohol, would regularly abuse and insult the applicant/accused in the office. Due to this dispute, the applicant/accused threatened to take action against the applicant. However, the applicant/accused did not file a police complaint against the applicant to avoid ruining the future of the applicant and his son, which emboldened the applicant. The applicant/accused took voluntary retirement from government service in 2022 due to health reasons. Since then, the applicant/accused has had no contact with the complainant and there is one criminal antecedents registered against the present applicant bearing crime No. 185 of 2024, in which he has granted anticipatory bail. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 05.12.2025 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 3 application. 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 one criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 05.12.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Vijay Kumar Sahu, involved in Crime No.237/2024, registered at Police Station – Marwahi, District- Gourela-Pendra- Marwahi, (C.G.) for the offence punishable under Sections 420 of the Indian Penal Code (for short, IPC), 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 4 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 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