1 2025:CGHC:1479 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 151 of 2025 Ritesh Jajodia S/o Late Shri Ashok Jajodia Aged About 42 Years R/o House No. 80, Juni Line, Near Mittal Nursing Home, Ward No. 19, Tehsil And District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Sakri, District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Aditya Dhar Diwan, Advocate on behalf of Mr. Manoj Paranjape, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.01.2025 1. This is the first 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. 881/2024 registered at Police Station Sakri, District Bilaspur (C.G.), for the offences punishable under Sections 318(4), 338, 336(3), 340(2), 61(2)(a), 238 of the BNS 2023. 2. The prosecution's case is based on an FIR lodged by Ashwani ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.10 11:58:15 +0530 2 Kumar Kunwar, Tehsildar Sakri, Bilaspur (C.G.), on November 11, 2024. The FIR alleges that Ramsai Ram committed fraud by uploading fake e-registry papers for the transfer of land situated at Village Sakri, Bilaspur. The land, measuring 0.11 acres, belonged to Manju Tiwari, who had not sold it to anyone. However, the registered sale deed showed that Ramsai Ram had purchased the land and uploaded the documents on the Citizen Portal's Bhuiya App for transfer proceedings. Upon investigation, the Sub Registrar OfÏce Bilaspur found that no such document was registered, and the ID, document number, and date were fake. The complainant then applied to cancel the transfer proceedings and take action against the guilty party. Further investigation revealed that the signature on the document was unclear, and Ramsai Ram had fabricated a fake sale deed and e-registration ID, thereby committing the crime. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that other co-accused person, namely, Jitendra Singh Rathore, vide order dated 02.01.2024 in MCRC No. 9008 of 2024, has already been granted regular bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Taking into consideration the facts and circumstances of the case that the co-accused person, namely, Jitendra Singh Rathore, vide order dated 02.01.2024 in MCRC No. 9008 of 2024, has already been granted regular bail by this Court. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 20.11.2024 and the conclusion of the trial may take some more time. 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 the Applicant – Ritesh Jajodia, involved in Crime No. 881/2024 registered at Police Station Sakri, District Bilaspur (C.G.), for the offences punishable under Sections 318(4), 338, 336(3), 340(2), 61(2)(a), 238 of the BNS 2023, be released on bail on his furnishing 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. (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 4 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 certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek