1 2025:CGHC:34066 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5634 of 2025 Bajrang Prasad Gautam S/o Chotelal Gautam, Aged About 49 Years R/o Butapara (Domuhani), Thana Torwa, Distt. Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Lines, Bilaspur, Distt. Bilaspur (Chhattisgarh) ... Respondent(s) For Applicant(s) : Mr. Awadh Tripathi, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/07/2025 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. 372/2025 registered at Police Station Civil Lines, Bilaspur, Distt. Bilaspur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120-B of the Indian Penal Code. 2. Case of the prosecution, in brief, is that the complainant, Saukhilal 2 Bharghav, lodging a report at Civil Lines, Bilaspur. According to the report, the complainant purchased a land measuring 2400 sq. ft. (Khasra No. 38/12) from Maya Devi in 2008 and took possession of it, but failed to get the land transferred in his name. The land remained vacant, which caught the attention of the land broker, Bajrang (the applicant). Allegedly, Bajrang hatched a conspiracy by exploiting the fact that the land was shown twice in the Bhuiya app. He created a fake Aadhaar card in Maya Devi's name and impersonated her using another woman and witnesses. Bajrang then obtained a fake registered power of attorney and got the land registered in someone else's name. He further sold the land in two pieces to Sushma Gupta and Arvind Kumar Gupta, obtaining a fake Rin Pustika (No. 733369). It is alleged that Maya Devi did not own any other land in Devrikhurd apart from the said land. Bajrang is accused of creating a fake Aadhaar card for a woman named Sumitra Yadav using a laptop and executing the General Power of Attorney to sell the land. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that The complainant stated that he purchased the land from Maya Devi in 2008 and took possession, but failed to get the land transferred to his name in the records, a fact that remained unchanged till 2020. Notably, the complainant did not mention in his complaint that his name was not transferred. The investigation revealed that a person named Pranshu @ Prashu Mishra allegedly forged documents, including a power of attorney, 3 representing himself as Maya Devi, and provided these to the applicant. The applicant claims he was unaware of the forgery and believed the documents to be genuine. Based on these documents, the applicant sold the land to Sushma Gupta and Arvind Kumar Gupta. He further submits that the applicant had no knowledge that the person giving the power of attorney was not the actual Maya Devi and that he was also deceived by Pranshu. The applicant claims he acted in good faith based on the forged documents and paid Rs.5,50,000/- to Pranshu. The applicant alleges that Pranshu used him to sell the land to Sushma Gupta and Arvind Kumar Gupta, and that he himself was a victim of the forgery. The applicant is in jail since 08.04.2025, the applicant has one criminal antecedent of the year 2023 under the IPC, which is still pending, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant Bajrang is allegedly hatched a conspiracy by exploiting the fact that the land was shown twice in the Bhuiya app and thereby, created a fake Aadhaar card in Maya Devi's name and impersonated her using another woman and witnesses, he had obtained a fake registered power of attorney and got the land registered in someone else's name, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent of the year 2023 under the 4 IPC, therefore, he is not entitled for grant of bail. 5. 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 offence, period of detention of the applicant since 08.04.2025, the fact that though the applicant is allegedly created a fake Aadhaar card in Maya Devi's name and impersonated her using another woman and witnesses, he had obtained a fake registered power of attorney and got the land registered in someone else's name, but the applicant has only one criminal antecedent, which is of the year 2023 under the IPC and is pending against him, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. Accordingly, the application is allowed. 7. Let the Applicant - Bajrang Prasad Gautam, involved in Crime No. 372/2025 registered at Police Station Civil Lines, Bilaspur, Distt. Bilaspur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120-B 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. 5 (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 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 Akhil