1 2025:CGHC:49181 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7776 of 2025 1 - Ashraf Ali Alias Sheikh Ashraf S/o M. Kesar Aged About 70 Years R/o Tehsil And District Raipur, Chhattisgarh (As Mentioned In Cause Title), Present Address- House No. 47, Khanij Nagar Puraina, Raipur, Tehsil And District Raipur, Chhattisgarh. 2 - Firoza Ali D/o Sheikh Ashraf Aged About 34 Years R/o Tehsil And District Raipur, Chhattisgarh (As Mentioned In Cause Title), Present Address- House No. 47, Khanij Nagar Puraina, Raipur, Tehsil And District Raipur, Chhattisgarh. ... Applicants versus 1 - State of Chhattisgarh Through Station House Officer, Telibandha, Police Station- Telibandha Tehsil And District Raipur, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Pranjal Agrawal, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer For Objector Mr. Vinay Nagwani, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.09.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.545/2025, registered at Police Station – Telibandha, District – Raipur (C.G.) for the offence punishable under Sections VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.25 17:01:41 +0530 2 318(4), 316(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the accused persons, namely Asraf Ali @ Sheikh Asraf Ali and his family members, entered into an agreement for sale of a house property situated at Khata No. 332/1, 332/2, 333/1, 333/2, 334 at Raipur, wherein it was represented that a house was constructed on 1500 sq. ft. and an additional 300 sq. ft. land was also agreed to be sold. The total sale consideration was fixed at 83,00,000/-, out of which the complainant had already paid ₹ a sum of 62,20,000/- through different modes including bank ₹ transfers. Despite receipt of such substantial amount, the accused persons neither executed the sale deed within the stipulated period of 11 months nor took steps for registration of the property. Instead, further illegal demands were made, and upon non-fulfilment of the same, the accused avoided execution of the deed and thereby cheated the complainant. On these allegations, offences under Sections 318(4), 316(2), 3(5) BNS have been invoked, as the accused persons. Hence this bail application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is argued by learned counsel for the applicant that present FIR has been lodged with a mala fied intention to pressurize and harass the applicant by giving a civil dispute the color of a criminal offence and there is no criminal antecedents registered against the present applicant. It is further submitted that applicant No.1 namely Ashraf Ali alias Sheikh Ashraf is a father of applicant No.2 namely Firoz Ali and both are in jail since 26.08.2025 the charge-sheet has not been filed in this case and applicant No.1 is aged about 70 years old, trial is likely to take quite long time for its conclusion, therefore, he prays 3 for grant of bail. 4. On the other hand, the learned State counsel as well as learned counsel for the Objector opposes the bail application and submits that there is no criminal antecedents registered against the present applicants, and the charge-sheet has not been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and submissions made by learned counsel for the parties, the fact that there is no any criminal antecedents registered against the present applicants, looking to the age of applicant No.1, who is aged about 70 years and applicants are in jail since 26.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Ashraf Ali alias Sheikh Ashraf and Firoza Ali involved in Crime No.545/2025, registered at Police Station – Telibandha, District – Raipur (C.G.) for the offence punishable under Sections 318(4), 316(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 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 4 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 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. Learned State counsel assures the Court that the investigation and charge-sheet would be submitted soon before the competent Court. 9. 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 vaishali