1 2025:CGHC:27050 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4755 of 2025 Omprakash Nishad S/o Late Rambharosa Nishad Aged About 49 Years R/o Village Rajpur, Police Station Magarlod, District Dhamtari (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O. Police Station Magarlod, District Dhamtari (C.G.) ... Respondent For Applicant : Shri Arun Kumar Shukla, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/06/2025 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.314/2025(wrongly mention 2024) registered at Police Station Magarlod, District Dhamtri (C.G.) for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.24 17:27:32 +0530 2 the offence punishable under Sections 318(4), 319(2), 338, 336(3), 340(2), 343, 61(b) of B.N.S. 2. 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 co accused, Shobhit Sahu, fraudulently registered land (Khasra numbers 8 and 9, totaling 0.47 hectares) in his name in the revenue records. The co accused submitted an application to the Revenue Court, Tehsildar Magarlod, on 29.12.2020, requesting to register his name as Shobhit alias Suklal Sahu, father Mukundi Sahu, and provided supporting documents. The Tehsildar ordered an investigation, and based on the Halka Patwari's report, passed an order on 08.12.2021, to register the accused's name. The prosecution contends that the accused knowingly used forged documents to register the land and subsequently sold it to Chandrahas Sinha for 19,00,000. A cheque issued for this transaction was deposited into one of the co accused Savitri Sahu's account. So far allegation against the present applicant is that he is only identified the co accused who is employer of the applicant, therefore police implicating him in the crime. Offences under Sections 319(2), 338, 336(3), 340(2), 343, and 61(b) of the Bharatiya Nyaya Sanhita (BNS) were allegedly committed. The FIR was registered under crime no. 314/2025 for offences under Sections 318(4), 319(2), 338, 336(3), 340(2), 343, and 61(B) of the BNS against the present applicant and co- accused persons. 3 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that co-accused person namely Shobhit Sahu has been granted regular bail by this Court in MCRC No.3705/2025 on 13/05/2025 and co-accused person Savitri Sahu has also been granted bail by this Court in MCRC No.3699/2025 on 13/05/2025. He would further submit that charge sheet has been filed against the applicant and co-accused on 16/06/2025, there is no criminal antecedents against the applicant, he is in jail since 28/04/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit there is no previous criminal antecedent against the present applicant. 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, considering the fact that co-accused person namely Shobhit Sahu has been granted regular bail by this Court in MCRC No.3705/2025 on 13/05/2025 and co-accused person Savitri Sahu has also been granted bail by this Court in MCRC No.3699/2025 on 13/05/2025, statement is made at bar that charge sheet has been filed against the applicant and co-accused on 16/06/2025, there is no criminal antecedents against the applicant, period of 4 detention of the applicant since 28/04/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Omprakash Nishad, involved in Crime No.314/2025(wrongly mention 2024) registered at Police Station Magarlod, District Dhamtri(C.G.) for the offence punishable under Sections 318(4), 319(2), 338, 336(3), 340(2), 343, 61(b) of B.N.S., 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri