Khurda, Dist. Bhuvneshwar Odisha v. State of Chhattisgarh Through Police Station City Kotwali Mungeli
Case Details
1 2025:CGHC:21454 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3619 of 2025 Smith Sethi S/o Ameram Sethi Aged About 40 Years R/o Jagannath Magar Road No. 1 Jhalpada, Bhuwaneshwar, Police Station Lakshmi Sagar, District - Khurda, Dist. Bhuvneshwar Odisha ... Applicant versus State of Chhattisgarh Through Police Station City Kotwali Mungeli, Dist. Mungeli Chhattisgarh ... Non-Applicant For Applicant
Legal Reasoning
: Ms. Indrapreet Kaur, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice 08.05 .202 5 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 – 481/2023, registered at Police Station – City Kotwali Mungeli, District - Mungeli (C.G.) for the offence punishable under Section 420 of Indian Penal Code. 2. The case of the prosecution, is that, the complainant Dr. Awadhesh PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.09 19:26:02 +0530 2 Kumar Singh, Director, Avadh Life Care Hospital, Mungeli, filed a written report on 08 November 2023 at 4 pm that an unknown person came to his hospital in a Maruti Suzuki Dzire bearing registration number CG 10 AQ 5861, claiming to be a CID officer and said that there have been many complaints against him, for which he has been sent from head office, asking for his MBBS degree. He was threatened by the unknown person claiming his MBBS & MD degree to be fake & that Hospital doesn't have a PAN card and hence a complaint would be made to the Income Tax department, He was threatened and his original degree was asked to produce, he was forcibly made to go to his residence in Bilaspur and in case he did not go, he would be dragged by the police and sent to jail, and he was told that two police teams were keeping a watch outside the hospital and on reaching his residence in Bilaspur. On the pretext of seeing his degree, he entered his bedroom and in the presence of his wife, on the pretext of investigation, started opening the cupboard and took out his degree from the cupboard and started looking at it and took out Rs. 7,00,000 (seven lakh) kept in the cupboard and saying that he was confiscating it and then he left his residence. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She further submits that no material has been collected by the police to show that the applicant has committed any offence, the written report filed by the complainant towards an unknown person shows the offence to be committed on 09.11.2023 and the FIR for the same was filed on 22.11.2023 which shows an inordinate delay of 14 days in the filing of FIR which was also overlooked by the learned trial Court. She further 3 submits that the applicant has three previous criminal antecedents, out of which in one case the applicant has been granted bail by this Court vide order dated 08.04.2025 passed in MCRC No. 2778/2025, and other two cases are related to Odisha, in which he is on bail, copies of bail granted to applicant annexed as Annexure A/2. Further, the charge-sheet has been filed in this case. The applicant is in jail since 06.02.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail 5. 6. application of the applicant. He further submits that the applicant has three previous criminal antecedents, out of which two cases are from the State of Odisha. Therefore, he is not entitled for grant of bail. I have heard learned counsel for the parties and perused all of the documents available on record. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the written report filed by the complainant towards an unknown person shows the offence to be committed on 09.11.2023 and the FIR for the same was filed on 22.11.2023 which shows an inordinate delay of 14 days, further the applicant has three previous criminal antecedents, out of which the applicant has been granted bail by this Court vide order dated 08.04.2025 passed in MCRC No. 2778/2025, and other two cases are related to Odisha, in which he is on bail the charge-sheet has been filed against the applicant, the applicant is in jail since 06.02.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicant 4 is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Smith Sethi, involved in Crime No – 481/2023, registered at Police Station – City Kotwali Mungeli, District - Mungeli (C.G.) for the offence punishable under Section 420 of Indian Penal Code, be released on bail on his furnishing a personal bond with two local 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 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. 5 (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, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. (Ramesh Sinha) Chief Justice Sd/- Preeti