1 / 4
2024:CGHC:42461
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7507 of 2024
Ankush Mishra S/o Shri Ramraj Mishra Aged About 37 Years R/o Near
Gajanand Temple, Plot No. 26, Balaji Nagar Vistar Bhagawan Nagar,
Nagpur, Maharashtra Present Address In The House Of Sudarshan
Colony, Ayodhya Nagar, Nagpur, P.S. Hudkeshwar District Nagpur,
Maharashtra
... Applicant
versus
State Of Chhattisgarh Through S.H.O. Gurur, District Balod (C.G.)
... Non-Applicant
For Applicant : Mr. Shikhar Bakhtiyar, Advocate.
For Non-Applicant : Mr. U.K.S. Chandel, Deputy Advocate General.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
25/10/2024
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. 78/2024 registered at Police Station City
Gurur, District Balod (C.G.) for the offence punishable under
2 / 4
Sections 420, 467, 468, 471 and 34 of the Indian Penal Code (for
short ‘IPC’).
2. Case of the prosecution, in brief, is that the complainant Akshay
Kumar Sahu has lodged a complaint against accused Dulesh
Kumar Sahu and the present applicant that they have taken money
for providing job of Ticket Collector (T.C.) and by which have
fraudulently taken Rs.12 lakhs from the complainant. Thereafter,
the offence has been registered against the present 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 identically situated co-
accused, namely, Dulesh Kumar has already been granted bail by
this Court vide order dated 06.09.2024 in MCRC No.6258 of 2024.
He also submits that there is delay of 3 years in lodging the FIR,
further the applicant is having health issue, due to fracture in his
legs and iron rod is implanted, which needs to be removed
immediately as advised by the doctor, otherwise it will infect the
body. The applicant is in jail since 19.05.2024, the applicant has
one criminal antecedent, which is under trial, pending in ST
No.3139/2024, the charge-sheet has been filed in the present case
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
present applicant alongwith other co-accused have fraudulently
taken Rs.12 lakhs from the complainant for providing job of Ticket
3 / 4
Collector (T.C.), further the applicant is having two criminal
antecedents, 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 19.05.2024, the fact that though the allegation against the
applicant is that he alongwith other two co-accused persons have
fraudulently taken Rs.12 lakhs from the complainant for providing
job of Ticket Collector (T.C.), but the co-accused, namely, Dulesh
Kumar has already been granted bail by this Court vide order dated
06.09.2024 in MCRC No.6258 of 2024 and the case of the present
applicant is similar to that of the co-accused, further the 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-Ankush Mishra, involved in Crime No. 78/2024
registered at Police Station City Gurur, District Balod (C.G.) for the
offence punishable under Sections 420, 467, 468, 471 and 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.
4 / 4
(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 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 copy of this order to the trial Court for
necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Akhil