1 2026:CGHC:1069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 62 of 2026 Yogesh Kumar Rajak S/o Shri Satyanarayan Rajak Aged About 48 Years R/o Ward No. 21, Manendragarh Tahsil And P.S. Manendragarh District- Manendragarh Chirmiri Bharatpur (C.G.) ... Applicant versus State Of Chhattisgarh Through- TI, Police Station Pondi, District- Manendragarh Chirmiri Bharatpur (C.G.) ... Respondent For Applicant : Shri Avadhesh Mishra, Advocate. For Respondent/State : Shri Priyank Rathi, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.27/2025 registered at Police Station Pondi Thana, District- Manendragarh Chirmiri Bharatpur (C.G.) for the offence punishable under Sections 420,34 of IPC. 2. Case of the prosecution, in brief, is that the complainant lodged a written complaint on 03.9.2024 before the S.P. District Manendragarh GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.07 18:19:57 +0530 2 Chirmiri Bharatpur (C.G.) by stating that due to prior acquaintance/mutual connection with the applicant, the complainant with his family member went to home of applicant where the family member of applicant told that his son is a railway employee in Kolkatta and he may keep complainant also in Group D Railway Job and the applicant and his father co-accused Satyanarayan demanded all at once four lack rupees. After negotiating in regards of guarantee of money, the complainant and his father Shri B.L. Kurre gave the said money there but the complainant not given railway job and on saying for returning of money the applicant and his father co-accused threatened him for life. On the basis of which said case is registered against applicant and his father under section 420, 34 of IPC. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant and complainant are close friends both started a business of garments in their mutual understanding for which complainant paid some amount in the year 2019-2020 to applicant and both were taking profits from the same since 2019. He would submit that the written allegation made by complainant dated 3.9.24 is false and no proper reason is also given for lodging FIR dated 24.5.25 in delay. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 30/10/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, period of detention of the applicant since 30/10/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Yogesh Kumar Rajak, involved in Crime No.27/2025 registered at Police Station Pondi Thana, District- Manendragarh Chirmiri Bharatpur (C.G.) for the offence punishable under Sections 420, 34 of 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 4 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. However, it will be open for the prosecuting agency to initiate prosecution against the complainant of the present case also who claims to have been cheated by the applicant herein as the conduct of the complainant amounts to giving bribe for obtaining employment through illegal mode. 9. Registrar (Judicial) is directed to send a certified copy of this order to the trial court concerned for communicating the same to the applicant where he is confined within 48 hours. (sent a copy of this order to the trial court concerned d isS Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri