1 2025:CGHC:33448 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4523 of 2025 Rajdhan Yadav S/o. Late Badri Yadav Aged About 54 Years R/o. Village - Badauli, P.S. And Tehsil - Rajpur, District - Balrampur-Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through SHO, Police Station - Rajpur, District - Balrampur-Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Pushkar Sinha, Advocate For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 16.07.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 162/2024 registered at Police Station : Rajpur, District Balrampur - Ramanujganj (C.G.) for the offence punishable under Section 420, 467, 468, 471 and 34 of the Indian Penal Code. 2. The case of the prosecution is that the complainant, Aabha Singh, lodged a report on 24.04.2024 alleging that she had purchased six plots from Pankaj Singh @ Jagdish Singh in village Badauli, bearing Khasra Nos. 423/5, 438/4, 440/4, 441/4, 469/4, and 483/4, measuring 0.101, 0.270, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.17 11:14:41 +0530 2 0.048, 0.102, 0.211, and 0.356 hectares respectively, and the sale deeds were duly registered. Later, it is alleged that Pankaj Singh, by deception, fraudulently sold the above-mentioned land to Babulal Yadav for a consideration of Rs. 4,90,000/- and again executed a registered agreement. On the basis of this report, an offence under Sections 420, 467, 468, 471, and 34 of the I.P.C. has been registered against the present applicant, who has been arrested and is currently in jail. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the present applicant has never been involved in any kind of offence, and the actual facts are that the co-accused, Pankaj Singh, who is the owner of the said land, executed an agreement for sale with Babulal Yadav. The present applicant is the uncle of Babulal Yadav, and in the said agreement, he signed as an attesting witness since his nephew was purchasing the land. He further submits that the sale deed has still not been executed between the parties, the land has not been mutated, and the owner of the land continues to be Pankaj Singh, as his name is still recorded in the revenue records. The applicant was not aware that the said land had previously been sold to anyone, and even in the revenue records, the name of the complainant does not reflect. The present applicant has been falsely implicated in this case with malafide intentions. He also submits that the present applicant has no criminal antecedents and he is in jail since 27.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case and also 3 endorse the submission made by the learned counsel for the applicant that the applicant has no criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, moreover, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 27.03.2025, trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Rajdhan Yadav, involved in Crime No. 162/2024 registered at Police Station : Rajpur, District Balrampur - Ramanujganj (C.G.) for the offence punishable under Section 420, 467, 468, 471 and 34 of the Indian Penal Code, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 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 Abhishek