1 2025:CGHC:1772 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 214 of 2025 Munni Bai @ Suruj Kumar Chaturvedi W/o Late. Ghurbin Chaturvedi Aged About 50 Years R/o Gram Pendri District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station Bilha, District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Ishwar Jaiswal, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Deputy G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 242/2022, registered at Police Station : Bilha, Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 420, 120-B, 34 of Indian Penal Code. 2. The prosecution case, in brief, is that the complainant, Munni Bai, lodged a written report before the concerned police station stating that the land bearing Khasra No. 12/01, measuring 0.88 acre, is RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.10 20:31:48 +0530 2 recorded in the names of Babulal Bhardwaj, Smt. Kavita Bhardwaj, Gulaba Bai, Munni Bai @ Suruj Kumar Chaturvedi, Parvati Tandan, and the complainant. It is alleged that the applicant, along with other accused persons, forged a “Mukhtyarnama” and subsequently executed a sale deed on 10.03.2021 in favor of Nandita Raut for Rs. 3,09,000/-. In the sale deed, the name of Nandita Raut’s husband is mentioned as Dhurbin, whereas the correct name of her husband is Bhagatram. It is further alleged that the Aadhaar card number mentioned in the sale deed is also false. After registering the case, the Bilha Police Station initiated an investigation, and upon completion of the investigation, a charge sheet was filed. The matter is currently pending for further consideration before the trial court. Hence, this bail application has been filed. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He further submits that the applicant is 50 years old illiterate lady. He further submits that the applicant has no previous criminal antecedent and in the present case, charge-sheet has filed before the competent Court and the applicants are in jail since 20.11.2024 and the conclusion of the trial is likely to take quite long time. He further submits that other co-accused persons, namely, Smt. Kavita Bhardwaj, Smt. Gulaba Bai Dhitlahre and Smt. Parvati Tandon, in MCRC No. 136/2025, vide order dated 09.01.2025, has already been granted regular bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 3 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. She further submitted that the complainant, Munni Bai, lodged a written report before the concerned police station stating that the land bearing Khasra No. 12/01, measuring 0.88 acre, is recorded in the names of Babulal Bhardwaj, Smt. Kavita Bhardwaj, Gulaba Bai, Munni Bai @ Suruj Kumar Chaturvedi, Parvati Tandan, and the complainant. She further submits that the applicant, along with other accused persons, forged a “Mukhtyarnama” and subsequently executed a sale deed on 10.03.2021 in favor of Nandita Raut for Rs. 3,09,000/-. In the sale deed, the name of Nandita Raut’s husband is mentioned as Dhurbin, whereas the correct name of her husband is Bhagatram. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the applicant is 50 years old illiterate lady, her name has been misused by one of the co-accused person namely Shyamlal and the charge-sheet has been submitted before the competent Court and the applicant is in jail since 20.11.2024, the conclusion of the trial may take some more time and other co-accused persons, namely, Smt. Kavita Bhardwaj, Smt. Gulaba Bai Dhitlahre and Smt. Parvati Tandon, in MCRC No. 136/2025, vide order dated 09.01.2025, has already been granted regular bail by this Court, therefore, this Court 4 is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let applicant, Munni Bai @ Suruj Kumar Chaturvedi, involved in Crime No. 242/2022, registered at Police Station : Bilha, Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 420, 120-B, 34 of Indian Penal Code, be released on bail on furnishing 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 she 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 her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 209 of the 5 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan