1 2025:CGHC:7749 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8462 of 2024 Chhatar Ram S/o Late Mandal Ram Aged About 52 Years R/o Village Jajgi, Police Station Lakhanpur, Tahsil Udaypur, District Sarguja (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Lakhanpur, District Sarguja (Chhattisgarh) ---- Non-Applicant For Applicant : Mr. Ram Vifal Ram Rajwade, Advocate. For Non-Applicant : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.02.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 188/2024 registered at Police Station- Lakhanpur, District- Sarguja (C.G.), for the offence punishable under Section 420, 467, 468, 471 of the IPC. 2. Case of the prosecution, in brief, is that the complainant, Prem Bai, lodged a written complaint before Lakhanpur Police Station against present applicant-Chattar Ram and Prem Bai (co-accused), stating therein that after the death of her and Chattar Ram's fathers, the land in KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 village Jajga, tehsil Udaypur, district Sarguja, Chhattisgarh, was registered in their names. However, Chattar Ram, in collusion with Prem Bai(co-accused), fraudulently sold the land to Shashank Kumar Mitra Prabhunath on April 5, 2023. The complainant alleged that the applicant impersonated her and executed a fake registration. When confronted, Chattar Ram admitted to the crime and offered to give his land in exchange, but later refused. Based on the complaint, a case was registered at Lakhanpur Police Station under Crime No. 188/2024, Sections 420, 467, 468, and 471 of the Indian Penal Code. During the investigation, the accused Chattar Ram and Prem Bai confessed to the crime in their statements. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the complainant namely Prem Bai has executed afÏdavit for grant of bail before court below and she mentioned that there is no dispute and there is no objection for grant of bail to the applicant. He further submits that the complainant Prem Bai and applicant Chhatar Ram are real kith and kin (brother and sister) have Compromise/consent letter on dated 09/06/2024 and there is no dispute in between party. The applicant has not involved any such type of crime but the prosecution has falsely implicated the applicant. Accordingly, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel appearing for the State/non- applicant would oppose the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and looking to the act of the applicant, hence, he is not entitled for grant of bail. 3 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 allegation levelled against the applicant and the fact that the complainant, Prem Bai and the applicant Chhatar Ram are the real brother and sister and in the present case, compromise have been made between them with consent later dated 09.06.2024 and now there is no dispute between the parties and further the applicant was not involved any such type of crime but the prosecution has falsely implicated the applicant and in the present case, charge-sheet has been submitted before the competent Court, further, he is in jail since 03.11.2024 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the applicant – Chhatar Ram involved in Crime No. 188/2024 registered at Police Station- Lakhanpur, District- Sarguja (C.G.), for the offence punishable under Section 420, 467, 468, 471 of the 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 4 counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (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 313 Cr.P.C. 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 him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal