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2025 DAILYLAW 13001 (CHH)

RAMPRASAD BANJARE v. STATE OF CHHATTISGARH

MCRC/2067/2025 · 2025-03-17

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:12576 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2067 of 2025 Ramprasad Banjare S/o Banshi Lal Aged About 57 Years R/o Village Gunwari, P.S. Takhatpur, District Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Sarkanda, District Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Ashok Dixit, Advocate For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.03.2025 1. This is the second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 142/2018 registered at Police Station Sarkanda, District – Bilaspur (C.G.), for the offence punishable under Sections 420, 467, 468, 471, 120-B, 34 of the Indian Penal Code. 2. The earlier bail application of the applicant has been rejected by this Hon’ble Court vide order dated 31.01.2025 passed in MCRC No. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.18 10:46:09 +0530 2 890 of 2025. 3. The prosecution's case, in brief, is that the complainant filed a written complaint at the concerned police station, alleging that the accused persons created forged documents and executed a registered sale deed for a plot of land in the complainant's favor. Based on this complaint, the police registered an offense under Sections 420, 467, 468, 471, 120-B and 34 of the Indian Penal Code, bearing Crime No. 142/2018, against the present applicant and other accused persons. 4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He further submits that this is the second bail application of the present applicant, on the ground that this Hon'ble Court had previously granted bail to one Rajnikant, whose case had similar facts and circumstances to those of the present applicant vide order dated 27.01.2025 in MCRC No. 721 of 2025, copy of the same has also been annexed with the present bail application as Annexure – A/5. He also submits that the applicant is in jail since 23.10.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application of the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the submissions made by the learned counsel for the 3 applicant, this Court observes that the bail order relied upon by the learned counsel for the applicant, wherein bail was granted to the accused, namely, Rajnikant, pertains to a different case crime number and not the present one and the order passed by this Court in which no law has been laid down in the said case which can be said to be a binding law. Therefore, I am not inclined to grant regular bail to the present applicant. 8. Accordingly, the second bail application of the applicant - Ramprasad Banjare, involved in Crime No. 142/2018 registered at Police Station Sarkanda, District – Bilaspur (C.G.), for the offence punishable under Sections 420, 467, 468, 471, 120-B, 34 of the Indian Penal Code, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 Abhishek