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2026 DAILYLAW 2046 (CHH)

JAI PRAKASH BAGHEL v. STATE OF CHHATTISGARH

MCRC/1643/2026 · 2026-03-02

Transfer Petitionbody2026

Judgment text

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1 2026:CGHC:11020 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1643 of 2026 Jai Prakash Baghel S/o Rajkumar Baghel Aged About 30 Years R/o Village- Dhandhan, P.S. Takhatpur, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Dongargarh And District Magistrate- Rajnandgaon, District – Rajnandgaon (C.G.) ---- Non-applicant For Applicant : Mr. Anil Kumar, Advocate. For Non-applicant/State : Dr. Sourabh K. Pande, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.03.2026 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. 379/2025, registered at Police Station – Dongargarh, District – Rajnandgaon (C.G.) for the offence punishable under Section 318(4) of the BNS. 2. The case of the prosecution, is that the complainant filed written Complaint before the Police Station Dongargarh District- Rajnandgaon (C.G.) to the effect that two years ago, she had met the applicant through Facebook social media, both of them used to talk through normal messenger, and exchange the mobile number about a year RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 ago, she had gone to Raipur to take the PSC main examination from 26.06.2025 to 29.6.2025 during this period on 01.07.2025 the applicant called her and they started talking saying that he will marry her and they meet on 01.07.2025 in Raipur. Where he introduces himself as a civil engineer in PWD Raipur as a government employee, after that on 03.07.2025 the applicant met her mother in dongargarh to talk about marriage proposal, where they start believing the applicant during this the applicant making excuses of his family problem and his car accident, where the complainant has transferred a total amount of rupees 8,25,000 through online payment, where afterward the applicant returned 90,000 rupees and after started saying that he will not return the balance amount of rupees 7,35,000 and later that he said he will not marry her because he is already married and has child on this basis the above written complaint has been registered in Dongargarh Police Station. Hence, this application. 3. Hence, this application. 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 there are two criminal antecedents of the applicant which are pending. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 03.08.2025 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 are two criminal antecedents of the applicant which are pending, the charge-sheet has been filed in this case, and the applicant is not entitled for grant of bail. 3 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 though there are two criminal antecedents of the applicant which are pending, charge-sheet has been filed against the applicant, but the applicant is in jail since 03.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Jai Prakash Baghel, involved in Crime No. 379/2025, registered at Police Station – Dongargarh, District – Rajnandgaon (C.G.) for the offence punishable under Section 318(4) of the 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 4 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 Rajshekhar