Bilaigarh (C.G.) v. State Of Chhattisgarh Through
Case Details
1 2025:CGHC:1472 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 131 of 2025 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.10 12:11:11 +0530 Shiv Kumar Tandon S/o Labhoram Tandon Aged About 44 Years R/o Village-Chanamuda, Post-Chantipali, Police Station Sarangarh, Tahsil- Sarangarh, District - Sarangarh-Bilaigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station Police Station Sarangarh, District - Sarangarh Bilaigarh (C.G.) ... Non-Applicant(s) For Applicant(s)
Legal Reasoning
: Mr. Sajal Kumar Gupta, holding the brief of Mr. Vivek Verma, Advocate. For Non-Applicant(s) : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/01/2025 1. 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. 553/2024 registered at Police Station Sarangarh, District - Sarangarh Bilaigarh (C.G.) for the offence 2 punishable under Sections 420, 467, 468, 471, 409, 120-B, 34 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that the applicant is the president of the Sewa Sahakari Samiti Maryadit, registered as No. 402 at Gatadih, District Sarangarh-Bilaigarh. The Branch Manager of Apex Bank, Sanjay Kumar Sahu, filed a First Information Report (FIR) against the applicant and other co-accused persons, alleging that on 19.07.2024, they were involved in a forgery loan scheme related to agricultural accounts and fertilizer sales. As a result, the Collector constituted a 4-member committee to investigate the matter. Based on the committee's enquiry report, Sanjay Kumar Sahu lodged the FIR against the applicant, accusing him of being involved in the forgery loan scheme in the agricultural accounts. Thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the complaint made by Chaitram Sahu, Natthelal Bhardwaj, Bharatram, Tukeshwar Nirala and Guharma Banaj against Dilip Tandon, who was manager of society, there is no allegation against the present applicant, one of the co-accused persons has also mentioned that all forgery committed by the Dilip Kumar Tandon. He also submits that one of the co-accused persons, namely, Dilip Kumar Tandon has already been granted bail by this Court vide order dated 03.01.2025 in MCRC No.7275 of 2024 and the case of present applicant is similar to that of the co-accused, further the applicant one criminal 3 antecedent, in which he has already been acquitted. The applicant is in jail since 06.12.2024, 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. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant involved in a forgery loan scheme related to agricultural accounts and fertilizer sales, further the applicant has one criminal antecedent, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 06.12.2024, the fact that though the applicant involved in a forgery loan scheme related to agricultural accounts and fertilizer sales, but one of the co-accused persons, namely, Dilip Kumar Tandon has already been granted bail by this Court vide order dated 03.01.2025 in MCRC No.7275 of 2024 and the case of present applicant is similar to that of the co-accused, so far as the criminal antecedent of the applicant is concerned, he has one criminal antecedent, in which he has already been acquitted and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Shiv Kumar Tandon, involved in Crime No. 4 553/2024 registered at Police Station Sarangarh, District - Sarangarh Bilaigarh (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 409, 120-B, 34 of 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:- (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. 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil