1 2025:CGHC:1476 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 136 of 2025 1 - Smt. Kavita Bhardwaj W/o Firangi Bhardwaj Aged About 56 Years (Wrongly Mentioned as Daughter of Firangi in the Order Impugned) R/o Village Nagpura, Police Station Sirgitti, District Bilaspur (C.G.) 2 - Smt. Gulaba Bai Dhitlahre W/o Kirti Kumar Aged About 42 Years R/o Village Matiyari, Police Station Seepat, District Bilaspur, C.G. 3 - Smt. Parvati Tandon W/o Ramkumar Tandon Aged About 36 Years R/o Jarhabhata, Police Station Civil Line, District Bilaspur C.G. ... Applicants versus State of Chhattisgarh Through Station House OfÏcer, Police Station Bilha, District Bilaspur, C.G. ... Non-Applicant For Applicants : Mr. Devesh Chandra Verma, Advocate For Non-Applicant : Ms. Supriya Upasane, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.01.2025 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 they have been arrested in connection with Crime No. 242/2022, registered at Police Station : Bilha, Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 420, 120-B, 34, 467, 468, 471 of Indian Penal Code. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.10 10:46:43 +0530 2 2. The case of the prosecution, in brief, is that one Munni Bai lodged a written complaint at Police Station Sirgitti, Bilaspur, alleging that she is possessing joint land situated at Village Hardikala Tona, P.H. No. 3, I.R. Circle Bilha, Tehsil Bilha, District Bilaspur, with Khasra No. 12/1, totaling an area of 0.3550 hectares. The land is jointly registered in her name along with other co-owners, namely Babulal, Shyamlal, Bhaiyalal, Sukham, Gulaba, Parvati, and Kavita. It is alleged that one of the co-owners, Shyamlal, along with other account holders of the land, prepared a false and fabricated power of attorney in Munni Bai’s name and sold the land to one Arjun Kumar Raut for Rs. 3,09,000/- on 10.03.2021. It is further alleged that Munni Bai’s husband’s name was falsely shown as Dhurbin in the documents, whereas his correct name is Bhagatram. Additionally, the Aadhaar card number mentioned in the sale deed is also alleged to be false. Following the registration of a case, the Police Station Bilha initiated an investigation. After due investigation, a charge sheet was filed, and the matter is now pending for further consideration before the trial court. Hence, this bail application. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have falsely been implicated in the aforesaid case. He further submits that the applicants are illiterate persons, there name has been misused by one of the co- accused person namely Shyamlal. He further submits that the applicants are not the author of said power of attorney. He further submits that the applicants have no previous criminal antecedent 3 and in the present case, charge-sheet has filed before the competent Court and the applicants are in jail since 20.11.2024 and the conclusion of the trial is likely to take quite long time. He further submits that other co-accused person, namely, Sukhan Bai Dahire, in MCRCA No. 1469/2024, vide order dated 20.12.2024, has already been granted anticipatory bail by this Court. Therefore, he submits that the present applicants are also entitled to be released on regular bail on the ground of parity. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. She further submitted that the present applicant from perusal of the case diary, it appears that the complainant Munni Bai, who filed a written complaint at Sirgitti Police Station. She alleged that Sham Lal, along with other co-accused, forged a power of attorney and sold her share of land, measuring 0.3550 hectares, to Nandita Raut for Rs. 3,09,000/- on 10.03.2021, without her knowledge or consent. The accused also allegedly used fake documents, including a forged Aadhar card number and a fake name for Munni’s husband, Bhagar Ram, in the sale deed. Therefore, the present applicants are not entitled to be granted regular bail in this case. 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 that the applicants are illiterate persons, their name has been 4 misused by one of the co-accused person namely Shyamlal and the charge-sheet has been submitted before the competent Court and the applicants are in jail since 20.11.2024, the conclusion of the trial may take some more time and other co-accused person, namely, Sukhan Bai Dahire, in MCRCA No. 1469/2024, vide order dated 20.12.2024, has already been granted anticipatory bail by this Court, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let applicants, Smt. Kavita Bhardwaj, Smt. Gulaba Bai Dhitlahre and Smt. Parvati Tandon, involved in Crime No. 242/2022, registered at Police Station : Bilha, Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 420, 120- B, 34, 467, 468, 471 of Indian Penal Code, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against 5 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants 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. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan