Champa (C.G.) v. State of Chhattisgarh Through
Case Details
1 2025:CGHC:12313 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1641 of 2025 Pawan Khatri S/o Mohanlal Khatri Aged About 32 Years R/o Pamgarh, Police Station- Pamgarh, District - Janjgir-Champa (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station - Civil Lines, District - Bilaspur (C.G.) ... Non-applicant For Applicant
Legal Reasoning
today for hearing before this Court including the present case. He further submits that the applicant is in jail since 04.12.2024 in the 3 present case, though the applicant was already in custody in case Crime No. 25/2024 since 23.02.2024. It is stated that thrice the bail application of the present applicant was rejected by the Co-ordinate Bench of this Court and as per the status of the trial only 01 prosecution witness has been examined till date, conclusion of the trail may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the fact that thrice the bail application of the present applicant was rejected by the Co-ordinate Bench of this Court and the applicant is in jail since 04.12.2024 in the present case, though the applicant was already in custody in case Crime No. 25/2024 since 23.02.2024, as per the status of the trial, till date only 01 prosecution witness has been examined, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Pawan Khatri, involved in Crime No. 598/2024 registered at Police Station – Civil Lines, District Bilaspur (C.G.), for the offence punishable under Sections 420, 467, 468, 471 of the Indian Penal Code, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the 4 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 sufÏcient cause, the trial court may proceed against his 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 his, 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 5 open for the trial court to treat such default as abuse of liberty of bail and proceed against his in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of further six months from the date of receipt of certified copy of this order in accordance with law, if there is no legal impediment. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Abhishek Sd/- (Ramesh Sinha) Chief Justice
Arguments
: Mr. Dhirendra Mishra, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.03.2025 1. This is the First Bail Application filed under Section 483 of the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.12 19:32:28 +0530 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 598/2024 registered at Police Station – Civil Lines, District Bilaspur (C.G.), for the offence punishable under Sections 420, 467, 468, 471 of the Indian Penal Code. 2. According to the prosecution's story, on 05.07.2024, complainant Domar Singh submitted a written application stating that he had met 2 Pawan Khatri while renting a car for trips to Raipur. The complainant rented his Dzire car to Pawan Khatri for Rs. 20,000/-. However, Pawan Khatri allegedly cheated him by registering the car in his own name using fake signatures without the complainant's consent. The complainant discovered this through the RTO app. Pawan Khatri then visited the complainant's home, promising to register the car in the complainant's name, and even prepared an afÏdavit to that effect. However, it was later discovered that Pawan Khatri had taken a loan of Rs. 5 lakhs by registering the vehicle in his own name. When Pawan Khatri failed to return the money, the complainant learned that he had left Bombay. Further investigation revealed that Pawan Khatri had obtained the car's RC by forging signatures at the RTO ofÏce and bank, and had taken a loan of Rs. 5 lakhs in the car's name. A case under Section 420 was registered against Pawan Khatri in Crime No. 598/2024 at Civil Lines Police Station, Bilaspur (C.G.). During the investigation, offenses under Sections 467, 468, and 471 of the Indian Penal Code were added against Pawan Khatri based on information from the Manager of M. Small Finance Bank and loan documents. A chargesheet was subsequently presented. 3. Learned counsel for the applicant submits that this is the fourth bail application on behalf of the applicant. He submits that there are 03 cases are registered against the applicant, in 01 case he has already been released on personal bond and 02 cases are listed