MCRC/9019/2026 of ASHISH KUMAR CHANDRA Vs STATE OF CHHATTISGARH on 8 October 2026

1. Applicant has filed this bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No.418 of 2023 registered at Police Station -Champa, District- Janjgir-Champa (CG) for the offence punishable under Sections 34, 120-B, 201, 419, 420, 467, 468, 471 of IPC.

2. Case of the prosecution, in brief, is that complainant lodged report alleging that one Santosh Dewangan along with four other co-accused persons have cheated him and have obtained money to sell the land of

Nathuram by impersonating Nathuram, whereas Nathuram is stated to be dead. Based on the report, aforementioned offence was registered and the applicant was arrested.

3. Learned counsel for the applicant would submit that allegation against the applicant is that he impersonated Nathuram. He submits that investigation is complete and charge sheet has been filed and in the bail order granted to Yogesh Yadav in MCRC No.8875 of 2023 it has come that Santosh Dewangan returned an amount of Rs.11 lakh to complainant . Hence he may be released on bail.

4. Learned counsel for the State opposes the submission of learned counsel for the applicant. However, upon asking, he submits that there is no criminal antecedent of applicant.

5. I have heard learned counsel for the parties.

6. Taking into consideration the facts and circumstances of the case, nature of allegation and further considering that charge sheet has been filed, offence is triable by Judicial Magistrate First Class, trial may take some time, and that an amount of Rs.11 lakh has been returned to complainant as stated by learned counsel for the applicant, without commenting anything on merit of the case, I am inclined to allow the bail application.

7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that:-.

“(a) The applicant shall file an undertaking to the effect that she 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.

(b) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita.

(c) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.

(d) 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 her 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.

Certified copy as per rules.

Sd/- (Parth Prateem Sahu)

Judge Praveen