1 2025:CGHC:39955 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6014 of 2025 Ramprasad Banjare S/o Banshi Lal, Aged About 57 Years R/o Vill. Gunwari, P.S. Takhatpur, District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Sarkanda, District - Bilaspur (C.G.) ... Respondent For Applicant : Ms. Deblina Maity, Advocate. For Respondent/State : Ms. Ankita Shukla and Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/08/2025 1. This is the third 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.142/2018 registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.11 17:05:36 +0530 2 120-B, 34 of IPC. 2. Case of the prosecution, in brief, is that the complainant filed a written complain at the concerned police station, alleging that the accused persons created forged documents and executed a registered sale deed for a plot of land in the complainant's favor. Based on this complaint, the police registered an offence under Sections 420, 467, 468, 471, 120-B and 34 of the Indian Penal Code, bearing Crime No. 142/2018, against the present applicant and other accused persons and he has been arrested for aforesaid crime. 3. Learned counsel for the applicant submitted that this is the third bail application of the applicant, the first bail application of the applicant was rejected by this Court vide MCRC No.890/2025 on 31/01/2025 and second bail application of the applicant was rejected by this Court vide MCRC No.2067/2025 on 17/03/2025. It is stated that out of 8 prosecution witnesses statement of 3 prosecution witnesses have been recorded and applicant is in jail since 23/10/2024 and further the applicant is suffering from facial paralysis, charge sheet has been filed in this case and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and would submit that charge sheet has been filed in this case before the competent court. She would submit that the applicant is being given treatment of physiotherapy. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Perusal of the record shows that this is the third bail application of the 3 applicant, the first bail application of the applicant was rejected by this Court vide MCRC No.890/2025 on 31/01/2025 and second bail application of the applicant was rejected by this Court vide MCRC No.2067/2025 on 17/03/2025. Considering the fact that the applicant is suffering from facial paralysis, period of detention of the applicant since 23/10/2024, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is inclined to entertain this third bail application of the applicant. 7. Accordingly, the third bail application is allowed and it is directed that the Applicant- Ramprasad Banjare, involved in Crime No.142/2018 registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120-B, 34 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. (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 4 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. 9. In view of the above, I.A. No.01/2025 application for grant of interim/ temporary bail stands disposed of. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri