1 2025:CGHC:10877 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1763 of 2025 Sanjay Kumar Jain S/o Shree Suresh Chand Jain Aged About 63 Years (Wrongly Mentioned As Sanjay Jain In The Order Sheet Of Lower Court) R/o Dawda Colony, Near Pachpedi Naka, P.S. Tikrapara, Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Mandir Hasaud, Raipur (C.G.) ... Non-applicant For Applicant : Mr. Maneesh Sharma, Advocate For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 643/2024, registered at Police Station : Mandir Hasaud, District- Raipur (C.G.) for the offence punishable under Sections 318(4), 338. 336(3), 340(2),61(2) and 3(5) of BNS. 2. The case of the prosecution, in brief, is that the co-accused Rajnish Kumar Jain forged documents such as a will and death certificate of KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 the complainant (Mrs. Kamlesh Jain) and attempted to transfer his property situated at Village: Tandul, PHN: 20, RNM: Mandir Hasaud, Arang, Dist: Raipur (C.G.) to his name and thereafter the co-accused Rajnish Kumar Jain in his memorandum statement has stated that he has committed the afore-mentioned act in connivance with the present applicant. Thereafter the aforesaid offences were registered against the accused persons. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated. He further submits that there is absolutely no evidence to connect the present applicant with the alleged offence. He also submits that after investigation the charge-sheet was filed against the accused/applicant but the said charge-sheet doesn't contain any material except for statements recorded under Section 23(2) of the Bhartiya Sakshya Adhiniyam (BSA), 2023 by the police of the applicant and the co-accused. The investigation has been concluded and the final charge-sheet against the applicant has already been filed and neither any further recovery shall be affected from the applicant nor the applicant is in any position to tamper with the evidence He further submits that the applicant is suffering from serious medical ailments such as diabetes, urinary infection and kidney stone and continued judicial custody shall have grave impact over the health of the applicant and he is in jail since 21.12.2024 and the conclusion of the trial is likely to take some time, therefore he prays for grant of bail to the applicant. 3 4. On the other hand, the learned State counsel opposes the bail application and submits that the co-accused Rajnish Kumar Jain attempted to transfer the complainant’s property situated at Village: Tandul, PHN: 20, RNM: Mandir Hasaud, Arang, Dist: Raipur to his name and thereafter the co-accused Rajnish Kumar Jain in his memorandum statement has stated that he has committed the aforementioned act in connivance with the present applicant, therefore he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the present applicant has made accused only on the basis of memorandum statement of the co-accused, who committed crime in question and further nothing has been seized from the possession of the present applicant and the case of the applicant is distinguishable from that case of co-accused and also considering the ailment of the applicant and has no criminal antecedent and in the present case, charge-sheet has been filed and he is in jail since 21.12.2024 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. 7. Let applicant, Sanjay Kumar Jain, involved in Crime No. 643/2024, registered at Police Station : Mandir Hasaud, District- Raipur (C.G.) for the offence punishable under Sections 318(4), 338. 336(3), 340(2),61(2) and 3(5) of BNS, be released on bail on furnishing personal bond with two sureties in the like sum to the 4 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. (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 5 in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal