1 2025:CGHC:16490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2735 of 2025 Harishankar Sinha S/o Krishna Kumar Sinha Aged About 36 Years R/o Village- Pathar Mohda, P.S. Gariyaband, District- Gariyaband (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. Amanaka, District- Raipur, (C.G.) ... Non-Applicant For Applicant : Mr. Vidya Bhushan Soni, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/04/2025 1. Proceedings of this case have been taken through video conferencing. 2. 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. 432/2024 registered at Police Station- Amanaka, District- Raipur (C.G.), for the offence punishable under Sections 318(4), 338, 336(3), 340, 3(5) of the BNS. 2023. 3. Case of the prosecution, in brief, is that the complainant has lodged written report before the concerned Police Station stating therein that he lives in Bilaspur and is doing business of property dealing KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 and he has contacted Raja Singh through phone and put his desire to meet with the land owner and willing to purchase the land area 04 Acre and 35 Decimal situated near Tatibandh and as per the instruction of the Raja Singh he reached Raipur, whereas Raja Singh was accompanied with Anand Jangde @ Neeraj and both of them have introduced him to Manju Devi Agrawal as owner of the said property, thereafter they have executed sale deed and complainant has given 5 lakh as a token money to the Manju Devi on dated 17/10/2024 and when the complainant asked for the demarcation then the mobile of the Anand was switch off and thereafter Raja Singh has again introduced complainant to the Hari Sinha an on the instruction of Hari Sinha again the complainant has transfer 5 lakh Rs. in the account of Manju Devi on dated 30/11/2024 and when the paper publication was done meanwhile the original owner of the land has objected and after perusing the original record the complainant has realized that he has been cheated, thereafter he has lodged report. 4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the compromise have been done between the parties and no objection application has been moved by the complainant in the bail application before the learned trial Court. He further submits that the the co-accused namely Rakesh Kansari, has already been enlarged on bail by this Court being MCRC No. 2454/2025 vide order dated 27.03.2025 and the case of the applicant is similar to that of the co-accused and the applicant has no previous criminal 3 antecedents and in the present case, charge-sheet has been filed before the competent Court and the applicant is in jail since 10.12.2024 thus, he prays for grant of bail to the applicant on the ground of parity. 5. On the other hand, learned State counsel, appearing for the State/non-applicant opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and also endorse the said submission advanced by the counsel for the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 10.12.2024 and further the fact that the co-accused namely Rakesh Kansari has already been granted bail by this Court being MCRC No. 2454/2025 vide order dated 27.03.2025 and the case of the applicant is identical to that of the co-accused and the applicant has no previous criminal antecedent and in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take some time thus, without further commenting anything on merits, I am inclined to grant bail to the applicant on the ground of parity. 8. Let the applicant – Harishankar Sinha involved in Crime No. 432/2024 registered at Police Station- Amanaka, District- Raipur (C.G.), for the offence punishable under Sections 318(4), 338, 336(3), 340, 3(5) of the BNS. 2023, be released on bail on his 4 furnishing a 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 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 5 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal