Nafr High Court
Case Details
1 2025:CGHC:17251 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2900 of 2025 Gurnam Singh S/o Late Kashmir Singh Aged About 52 Years At- Sai Vista Apartment, B Z-206, Amlidih, Ps New Rajendra Nagar, Raipur, District Raipur C.G. versus ... Applicant(s) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN State Of Chhattisgarh Through Sho, PS Kabir Nagar, District Raipur, C.G. For Applicant(s) :
Legal Reasoning
Mr. Vinay Nagdev, Advocate appearing through video conferencing. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. ... Respondent(s) Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 09/2025 registered at Police Station Kabir Nagar, District Raipur (C.G.) for the offence punishable under 2 Sections 318(4), 61(2), 338, 336(3) and 340(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 3. Case of the prosecution, in brief, is that the complainant, Veer Singh, filed a written report at the Police Station on January 14, 2025. He alleged that four months prior, on September 23, 2024, he gave Jagdish Singh Malli, son of Gurnaam Singh Malli, his passport copy and other documents for going abroad. Along with the documents, he handed over Rs. 1 lakh in cash to Gurnaam Singh as an advance at Hira Pur's Bengali Hotel. Over the next 2-3 months, Jagdish Singh got Veer Singh to transfer Rs. 5,08,000/- into his bank accounts. After that, Gurnaam Singh demanded more money, stating he would provide the ticket and other documents after receiving the payment. Later, Gurnaam Singh visited Veer Singh's house and took Rs. 1,50,000/- in cash, providing him with fake tickets. Jagdish Singh sent fake documents, including a visa, insurance, and taxi booking receipts, via WhatsApp and email. When Veer Singh checked the documents online with a travel agent as the ticket's travel date approached, he discovered all the documents were fake. Gurnaam Singh and Jagdish Singh cheated Veer Singh out of a total of Rs. 7,58,000/-. Based on Veer Singh's written complaint, the police registered a First Information Report (FIR) under Crime Number 09/25, sections 318(4), 61(2), 338, 336(3), and 340(2) of the BNS. Gurnaam Singh was arrested on January 14, 2025, hence, the bail application. 4. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence 3 in question. He further submits that son of the applicant, namely, Jagdish Singh Malli against whom main allegation has been levelled that he took some money from the complainant for sending him abroad. He also submits that son of the applicant is absconding, hence, the present applicant has too been arrayed as co-accused in the present case, further no recovery has been made from the present applicant. The applicant is in jail since 14.01.2025, the applicant has no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that though the applicant has no criminal antecedent, but he also participate in the crime in question by sending some forged documents, such as visa, passport, insurance etc. to the complainant, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 14.01.2025, the fact that though the applicant is alleged to have assisted the main accused by sending some forged documents, such as visa, passport, insurance etc. to the complainant, but he has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the 4 applicant is entitled to be released on bail in this case. 8. Let the Applicant-Gurnam Singh, involved in Crime No. 09/2025 registered at Police Station Kabir Nagar, District Raipur (C.G.) for the offence punishable under Sections 318(4), 61(2), 338, 336(3) and 340(2) of 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 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 5 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil