1 2025:CGHC:41237 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4143 of 2025 • Shashikant Tiwari S/o Kashinath Tiwari Aged About 45 Years R/o Kedarpur (Wrongly Typed As Mo. Kedarpur), Police Station Ambikapur, District Surguja (C.G.) --- Applicant versus • State Of Chhattisgarh Through Police Station Balrampur, District Balrampur-Ramanujganj (C.G.) --- Respondent For Applicant :Mr. Manoj Paranjpe, Senior Advocate along with Mr. Abhiyuday Singh, Advocate For Respondent/State : Ms. Soumya Sharma, Panel Lawyer MCRC No. 4393 of 2025 • Sunil Singh S/o Vishram Singh Aged About 47 Years R/o Village- Jatro, P.S. Balrampur District- Balrampur- Ramanujganj (C.G.) ---Applicant Versus • State Of Chhattisgarh Through Station House Officer, Balrampur District- Balrampur-Ramanujganj (C.G.) --- Respondent For Applicant : Mr. Manoj Paranjpe, Senior Advocate along with Mr. Abhiyuday Singh, Advocate For : Ms. Soumya Sharma, Panel Lawyer VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.18 17:34:04 +0530 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.18 17:34:20 +0530 2 Respondent/State MCRC No. 4419 of 2025 1. Deepak Sharma S/o Ram Sevak Sharma Aged About 30 Years R/o Village- Semli, P.S. Balrampur, District- Balrampur- Ramanujganj (C.G.) 2. Arvind Kindo S/o Kaladiuse Aged About 39 Years R/o Village- Jatro, P.S. Balrampur, District- Balrampur- Ramanujganj (C.G.) ---Applicants Versus 1. State Of Chhattisgarh Through Station House Officer, Balrampur District- Balrampur- Ramanujganj (C.G.) --- Respondent For Applicants : Mr. Sunil Tripathi, Advocate For Respondent/State : Ms. Soumya Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/08/2025 1. Since all the bail applications are arising out of similar incidents registered at police Station – Balrampur, District-Balrampur- Ramanujgaj (C.G.) against the different applicants and their crime numbers are also same, they are being heard and decided by this common order. 2. MCRC No.4143 of 2025 - The applicant has preferred this 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. 52/2025 registered at Police Station – Balrampur, District – Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2), 62 & 3(5) of BNS. 3 3. MCRC No.4349 of 2025 - The applicant has preferred this 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. 52/2025 registered at Police Station – Balrampur, District – Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2), 62 & 3(5) of BNS. 4. MCRC No.4419 of 2025 - The applicant has preferred this 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. 52/2025 registered at Police Stations – Balrampur, District – Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2), 62 & 3(5) of BNS. 5. The prosecution story, in brief, is the F.I.R. of the incident was lodged on 05.05.2025 inter-alia on the allegations that, the complainant namely Bolo S/o. Roopchand had executed the sale deed dated 21.04.2025 in favor of the mother of the applicant namely Tara Devi bearing Khasra No. 132 total area 0.130 hectare has been sold to the mother of the applicant. Subsequently the F.I.R. has been lodged inter alia on the allegations that, he was intended to disposed of 5 dismil of land, but by paying the amount of consideration to the tune of Rs.2,50,000/- of the 5 dismil of land, the mother of the applicant got executed the sale deed of 32 dismil of land. It has been alleged that, as per the agreement the complainant was agreed to disposed of his land for a consideration of Rs. 50,000/- per dismal. Subsequently, the relatives of the complainant have informed that, the mother of the applicant got executed the sale deed in respect of 4 his entire 32 dismil of land. It has been alleged in the F.I.R. that, the remaining amount of consideration of 27 dismil of land has not been paid. Thereafter, FIR has been registered against the present applicants. 6. Learned counsel for the applicants would submits that applicants have been falsely implicated in crime in question. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that the present case is civil in nature, and they have no previous criminal antecedent. They also submits that applicants’ names were not mentioned in the FIR. The applicants are in jail. He also submits that co-accused namely Smt. Tara Devi Tiwari has also been granted anticipatory bail by this Court in MCRCA No.786 of 2025 and the conclusion of the trial is likely to take quite long time. Therefore, they prays for grant of regular bail to the applicants. 7. On the other hand learned State counsel opposes the bail application and submits that the applicants are not entitled for grant of bail in this case. 8. I have heard learned counsel for the parties and perused the material available on record. 9. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the present case is civil in nature, applicants’ names were not mentioned in the FIR, applicants are in jail since 05.05.2025 and 06.05.2025 respectively and co- accused namely Smt. Tara Devi Tiwari has also been granted anticipatory bail by this Court in MCRCA No. 786 of 2025 and the conclusion of the trial is likely to take quite long time, this Court is of 5 the view that the applicants are entitled to be released on bail in this case. 10. 10. Let the applicant – Shashikant Tiwari, Sunil Singh, Deepak Sharma and Arvind Kindo involved in Crime No. 52/2025 registered at Police Station – Balrampur, District – Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2), 62 & 3(5) of BNS, be released on bail on their 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. 6 (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 accordance with law. 11. 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