1 2025:CGHC:22048 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3705 of 2025 Shobhit Sahu S/o Late Mukundi Sahu Aged About 76 Years R/o Village- Rajpur, Thana- Magarlod, Dhamtari, Dist- Dhamtari (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Magarlod, Dhamtari, District- Dhamtari (C.G.) ... Non-Applicant For Applicant : Ms. Smita Jha, Advocate. For Non-Applicant/State : Mr. Kishan Lal Sahu, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13/05/2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 314/2025, registered at Police Station – Magarlod, Dhamtari, District- Dhamtari (C.G.) for the offence punishable under Sections 318(4), 319(2), 338, 336(3), 340(2), 343 and 61(B) of Bharatiya Nyaya Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.13 15:30:55 +0530 2 2 The case of the prosecution, in brief, is that, a written complaint filed by the complainant on 21.08.2023, at Magarlod police station. The case alleges that the accused, Shobhit Sahu, fraudulently registered land (Khasra numbers 8 and 9, totaling 0.47 hectares) in his name in the revenue records by submitting false documents, including a certificate, voter ID, Aadhaar card, and bank passbook. The Revenue Court, Tehsildar Magarlod, ordered an investigation, and based on the Halka Patwari's report, passed an order on 08.12.2021, to register the accused's name as Shobhit alias Suklal Sahu. The prosecution contends that the accused knowingly used forged documents to register the land in his name and subsequently sold it to the victim, Chandrahas Sinha, for ₹19,00,000. The accused allegedly committed offenses under Sections 319(2), 338, 336(3), 340(2), 343, and 61(b) of the Bharatiya Nyaya Sanhita (BNS). Based on the FIR, crime no. 113/2025 was registered against the applicant under Sections 318(4), 319(2), 338, 336(3), 340(2), 343, and 61(B) of the BNS. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She further submits that a complaint was not filed by the purchaser, it is filed by the New Tahasildar. She also submits that the accused did not cheat the complainant. The land, registered in the accused's name, was allotted by the government in 1985-86, and a loan book was issued in the accused's name. In November 2024, the complainant, who is the Tahsildar, created a document before the Collector Dhamtari. During the investigation, the applicant showed the loan book to the Additional Collector Dhamtari, but it was not returned. Further, a civil suit is pending before the Civil Judge Class 1, Kurud, District Dhamtari, 3 regarding the disputed land. The complainant has filed this complaint with the same set of facts to falsely implicate the applicant. The civil court is already triabled of the matter and has scheduled written submissions for 5.5.2025. She further submits that the applicant is 76 years old and is languishing in jail since 24.03.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has not been filed in the present case. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that though the charge-sheet has not been filed in the present case, but considering the age of the applicant i.e. 76 years old and he is languishing in jail since 24.03.2025, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Shobhit Sahu, involved in Crime No. 314/2025, registered at Police Station – Magarlod, Dhamtari, District- Dhamtari (C.G.) for the offence punishable under Sections 318(4), 319(2), 338, 336(3), 340(2), 343, 61(B) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his 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 4 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 sufficient 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 opinion of the trial court absence of the applicant 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 him in 5 accordance with law. 8 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 Preeti