1 CGHC010226802026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5486 of 2026 Kundan Sharma S/o- Shivsagar Sharma, Aged About 26 Years R/o- K.G.R.S. Path Station Road Bhadreswar, District Hooghly (W.B.) ... Applicant Versus State Of Chhattisgarh Through- P.S. Frejarpur, District- Bastar (C.G.) ... Respondent(s) For Applicant : Mr. Akash Gupta, Advocate For Respondent(s) : Ms. Supriya Upasane, G.A. HON'BLE SHRI RAMESH SINHA, CHIEF JUSTICE ORDER ON BOARD 10.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he is arrested in connection with Crime No. 259 of 2025 registered at Police Station – Frejarpur, District: Bastar (C.G.), for the offence under Sections 318 (4), 319(2), 338, 336 (3), 340 (2) and 61 (2) of B.N.S. 2. That, the prosecution story, in brief, is that the complainant has alleged that the present applicant, along with the other SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.07.13 11:26:22 +0530 2 co-accused persons, fraudulently obtained a bank cheque from the complainant on the pretext of facilitating sanction/disbursement of loan and thereafter withdrew an amount of Rs. 1,99,700/-(Rupees One Lakh Ninety-Nine Thousand Seven Hundred only) from the complainant. Based on the said allegations, the police registered the FIR, arrested the present applicant, and thereafter filed the charge-sheet before the competent Court.. On the basis of the said report and during course of investigation, the applicant was arrested and crime was registered against him, leading to the filing of the present bail application. Hence this application. 3. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the present case and is under incarceration since 17.01.2026. He submits that there is no direct allegation against the applicant and that the applicant was unemployed and during such period he came in contact with the main accused. He further submits that there is no allegation against the applicant that he had prepared any forged document or impersonated any person before the bank, charge-sheet has been filed, there is no criminal antecedents against the applicant and conclusion of trial is likely to take quite some time, therefore, he may be 3 granted bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge sheet has been filed before the competent Court. She further submits that there is one criminal antecedent of similar nature against the applicant, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions advanced by learned counsel for the parties, the nature of the allegations, and the fact that the applicant has been in jail since 17.01.2026, charge-sheet has been filed, trial will take considerable time to conclude, and without commenting on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the application is allowed. 7. Let Applicant- Kundan Sharma involved in Crime No. 259 of 2025 registered at Police Station – Frejarpur, District: Bastar (C.G.), for the offence under Sections 318 (4), 319(2), 338, 336 (3), 340 (2) and 61 (2) of B.N.S 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:- 4 (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 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 Saurabh