1 2025:CGHC:32047 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4122 of 2025 • Parmesh Sahu S/o Bed Ram Sahu Aged About 41 Years R/o Village Bhilouni P.S. Pamgarh, Tahsil Pamgarh, District Janjgir-Champa (C.G.) ... Applicant versus • State Of Chhattisgarh Through S H O, P S Pamgarh, District Janjgir- Champa (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Madhunisha Singh, Advocate For Respondent : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 187/2025 registered at Police Station Gandhinagar, Ambikapur District- Surguja (C.G.), for the offence punishable under Sections 420 of IPC. 2. Case of the prosecution, in brief, is that, on 10.05.2025, a written complaint application was submitted by Complainant VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 Govind Prasad Sharma that the applicant/accused sold his land owned by him, village Hardibadi Khar, field Khasra number 186, area 0.409 hectare for Rs 5,71,500/- to Arvind Kumar Ratre on 14.02.2024 and even after receiving the amount, he fraudulently made a deal to sell the same land to the Complainant Govind Prasad Sharma and executed a sale agreement on 22.02.2024 and received Rs 2.50 lakh in cash and Rs 2.50 lakh through cheque from the Complainant. When the Complainant repeatedly asked for the registration of the said land, the accused used to procrastinate. Later, the Complainant came to know that the accused had deceitfully made a deal with the Complainant to sell the said land and received money even after the applicant/accused had already sold the land. On the basis of the written complaint, the Pamgarh police station registered a First Information Report against the accused. applicant arrested in this matter. 3. It has been 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 applicant/accused is a farmer. Due to financial constraints, he had taken loan from his acquaintances Manish Surve and Arvind Ratre, which he had already paid off, but Arvind Ratre did not release him from the loan by adding excessive interest amount and got a fake power of attorney of the applicant/accused misled Parmesh and got the document registered fraudulently to secure the loan amount. Through the said registration, Manish Surve 3 transferred the land of Parmesh to Arvind Ratre. The applicant/accused was not aware that Arvind Ratre and Manish Surve together had sold the land belonging to him fraudulently. The present complainant Govind Sharma is in collusion with Manish Surve and Arvind Ratre. Both of them have conspired and usurped the applicant/accused's land worth Rs. 30,00,000/- by registering it on the basis of fake documents. She further submits that applicant has no previous criminal antecedent and the applicant is in jail since 11.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no previous criminal antecedent. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous criminal antecedents, he is in jail since 11.05.2025 and the charge-sheet has been filed, looking to his detention period, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Let the applicant – Parmesh Sahu, involved in Crime No. 206/2025 registered at Police Station Pamgarh, District- Janjgir-Champa (C.G.), for the offence punishable under Sections 420 of IPC. 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 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 5 of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali