Nafr High Court
Case Details
1 2025:CGHC:8684 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 900 of 2025 Narendra Mathur S/o Manohar Mathur Aged About 22 Years R/o Village - Podi (Ranchha) Police Station Nawagarh, District Janjgir- Champa (C.G.) … Applicant versus State of Chhattisgarh Through- The Station House OfÏcer, Police Station Pamgarh, District - Janjgir-Champa (C.G.) … Non-Applicant For Applicant
Legal Reasoning
: Mr. Sushil Sahu, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice PREETI KUMARI Digitally signed by PREETI KUMARI 19.02.2025 Order on Board 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. 440/2024, registered at Police Station – Pamgarh, District Janjgir-Champa (C.G.) for the offence punishable under Sections 420 of the Indian Penal Code (for short, IPC). 2. As per prosecution story in brief, is that, on 28-12-2023, the written complaint has been made by the complainant with the allegation that the present applicant will provide loan under the Scheme of Government i.e. 2 Vishkarma Yozna and under this scheme, Rs.10,000/-15,000/- will deposit in different accounts as told by the present applicant and called the complainant and his relative at HDFC Bank Pamgarh and opened their account and took the ATM Kit, Bank Pass book and Mobile Number OTP by fraudulently from the complainant and committed various transactions, which was illegal. On the report made by the complainant, the crime has been registered under Section 420 of IPC and arrested 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. It is further submitted that the complainant and his relatives went to Bank for opening their account own will and the present applicant have not forced them to open their account and they opened their account only to get benefit of Vishkarma Yozna, which is under the scheme of Government, but when the complainant and their relative have not get loan amount, then they made complaint against the applicant. He further submitted that the applicant has one previous criminal antecedents in which he has been granted bail vide order dated 03.08.2023 by the trial Court bearing Crime No. 303/2023 registered at Police Station - Shivrinarayan, District – Janjgir-Champa (C.G.) for the offence under Sections 420, 506-B of Indian Penal Code and Sections 6 and 7 of Juva Act, the copy of the same has been annexed as covering memo of this bail application, further the charge-sheet has been filed in this case. The applicant is in jail since 02.12.2024 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 the charge-sheet has been filed in this case. 3 It is further submitted that the applicant has fraudulently cheated the complainant and his relatives, therefore, he is not entitled for grant of bail. 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 the complainant and his relatives went to Bank for opening their account own will and the present applicant have not forced them to open their account and they opened their account only to get benefit of Vishkarma Yozna, which is under the scheme of Government, but when the complainant and their relative have not get loan amount, then they made complaint against the applicant, further the applicant has one previous criminal antecedents in which he has been granted bail vide order dated 03.08.2023 by the trial Court bearing Crime No. 303/2023 registered at Police Station - Shivrinarayan, District – Janjgir-Champa (C.G.) for the offence under Sections 420, 506-B of Indian Penal Code and Sections 6 and 7 of Juva Act, the charge-sheet has been filed against the applicant, the applicant is in jail since 02.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant- Narendra Mathur, involved in Crime No. 440/2024, registered at Police Station – Pamgarh, District Janjgir-Champa (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:- 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 sufÏcient 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Preeti Sd/- (Ramesh Sinha) Chief Justice