(M.Cr.C.Nos.2525/2025 & 2541/2025) 2025:CGHC:22083 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2525 of 2025 Shwet Kumar Seth, S/o Janmjay Seth, Aged about 49 years, R/o Village Loharpali, Police Station & Tahsil Padampur, District Bargarh (Odisha) (In Jail) --- Applicant versus State of Chhattisgarh, Through Police Station Saraipali, District Mahasamund (C.G.) --- Non-applicant For Applicant : Mr. Kishore Narayan, Advocate. For Non-applicant : Mr. Ashish Shukla, Additional Advocate General. AND MCRC No. 2541 of 2025 Shishupal Pradhan, S/o late Devarchan Pradhan, Aged about 52 years, R/o Village Toresinha, P.S. Saraipali, District Mahasamund, Chhattisgarh (In Jail) --- Applicant Versus State of Chhattisgarh, Through Station House Officer, Police Station Saraipali, District Mahasamund (C.G.) --- Non-applicant For Applicant : Mr. Sudhir Kumar Sahu, Advocate. For Non-applicant : Mr. Ashish Shukla, Additional Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.05.2025 SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.05.15 18:18:46 +0530 (M.Cr.C.Nos.2525/2025 & 2541/2025) 1. Since both the applications are arising out of the same crime number, they are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.40/2025 registered at Police Station Saraipali, District Mahasamund (C.G.) for the ofence punishable under Sections 420, 120B, 467, 468 and 471 read with Section 34 of the Indian Penal Code (IPC). 3. As per the prosecution's case, on 4-2-2025, complainant Vikram Rateriya lodged a report against the present applicants stating therein that they have entered into an agreement on stamp paper for selling the land of the villagers of Village Kusmisarar and in the said agreement accused/applicant Shishupal stood as witness and further, an amount of 1 lakh was transferred in the ₹ account of accused/applicant Shwet Kumar Seth. The incident is said to have taken place on 1-5-2024 and the FIR was registered on 4-2-2025. Based on the complaint lodged by the complainant, the police registered offence against the present applicants and arrested them on 5-2-2025 and 13-2-2025, respectively , and after completing the investigation, filed charge-sheet before the competent Court. 4. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the present case. They further submit that the present case is a land dispute between the parties and the applicants have no previous criminal antecedents. They also submit that there is no role attributed to the present applicants in the present case, and they appear to have been falsely implicated. The applicants are in jail since 5-2-2025 and 13-2-2025, (M.Cr.C.Nos.2525/2025 & 2541/2025) respectively, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 5. On the other hand, learned State counsel opposes the bail applications of the present applicants and submits that the charge-sheet has been submitted before the competent Court in the present case. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstance of the case, nature and gravity of ofence and further the fact that the present applicants have no criminal antecedents and also considering the fact that charge-sheet has already been submitted in the present case before the competent Court and the present applicants have been in jail since 5-2-2025 and 13-2-2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 8. Let applicants Shwet Kumar Seth and Shishupal Pradhan involved in Crime No.40/2025 registered at Police Station Saraipali, District Mahasamund (C.G.) for the ofence punishable under Sections 420, 120B, 467, 468 and 471 read with Section 34 the IPC, be released on bail on each of them furnishing a personal bond with two local sureties in the like amount 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 (M.Cr.C.Nos.2525/2025 & 2541/2025) fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against 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 is deliberate or without sufficient 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. 9. Office 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 Soma