Nafr High Court
Case Details
1 2025:CGHC:43671 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5807 of 2025 Manoj Kumar Chauhan S/o Late Virjhan Aged About 44 Years R/o Bodha Patti, P.S. Kasenya, District Kushinagar U.P. ... Applicant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.29 12:00:48 +0530 versus State Of Chhattisgarh Through S.H.O. Out Post Wadrafnagar Police Station Basantpur, District Balrampur Ramanujganj C.G. ... Non-applicant For Applicant
Legal Reasoning
: Mr. Pushkar Sinha, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.08.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 10/2024 registered at out Post – Wadrafnagar Police Station - Basantpur District – Balrampur - Ramanujganj (C.G.), for the offences punishable under Sections 420, and 34 of the Indian Penal Code. 2. The case of the prosecution is that, complainant Omprakash Kushwahs on 24.04.2024 lodged report and alleged that institution 2 head Rajnish Marg appointed as programme coordinator and on that post complainant work from March 2021 to December 2022. During business visit complainant get familiar with applicant and applicant told him that under covid 19. O.N.G.C company provide through CSR fund for spreading of sanitizer in every district wise in Gram Panchayat and if he would interested in work then in Delhi have to do agreement and take work order in Chhattisgarh state, thereafter complainant agree for doing work in Sarguja and Surajpur district and on 25.08.2021 complainant received work order and thereafter 400 liters sanitizer have been received and thereafter transfer amount of Rs. 1,00,000/- to applicant through phonepe and from 08.10.2021 to 23.03.2022 period deposited total amount of Three lakhs and thirty thousand rupees. After finishing of sanitizer when complainant asked for more, but it has not been provide and also for work payment of about six lakhs rupees also not been paid and when complainant asked for payment then applicant and co accused Rajesh Kumar denied for any payment, on the report offence u/s 420, 34 of I.P.C, has been registered against the present applicant and the applicant has been arrested and he is in jail. 3. It is respectfully submitted that the applicant is innocent and has been falsely implicated in the present case. The actual dispute is purely of a civil nature as the applicant, being a worker in the company, was providing sanitizer materials to the complainant, who failed to make the remaining payment, due to which further supply was stopped. No offence has been committed by the applicant, who has no criminal antecedents and is aged about 44 years, being the sole breadwinner of his family, which is now left without support. The applicant has been 3 in jail for a considerable time, while the investigation is still incomplete, and the offence is triable by the JMFC, which will take time for final disposal. The applicant is a permanent resident of District Kushinagar (U.P.), with no possibility of absconding or tampering with the prosecution evidence, and undertakes to abide by any conditions imposed by this Hon’ble Court while granting bail, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been filed before the competent Court in the present case, and that the applicant has two criminal antecedents, therefore, he is not entitled to be released on bail. 5. 6. I have heard learned counsel for the parties and perused the case diary. Taking into consideration the submissions made by learned counsel for the parties, nature and gravity of allegation levelled against the applicant and also considering the fact that the charge-sheet has been filed and he has been in jail since 17.06.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let the Applicant – Manoj Kumar Chauhan, involved in Crime No. 10/2024 registered at out Post – Wadrafnagar Police Station - Basantpur District – Balrampur - Ramanujganj (C.G.), for the offences punishable under Sections 420, and 34 of the Indian Penal Code, be released on bail on furnishing personal bond with two local sureties 4 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. (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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - vaibhav Sd/- (Ramesh Sinha) Chief Justice