Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:4051
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8375 of 2024 Narendra Tandon S/o Bhagwat, Aged About 45 Years R/o Village- Gunwari, P.S.-Takhatpur, District-Bilaspur, Chhattisgarh.
... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station- Sarkanda, District-Bilaspur (C.G.)
... Non-Applicant(s) For Applicant(s) : Mr. Ashok Dixit alongwith Ms. Laxmin Tondey, Advocates. For Non-Applicant(s) : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 22.01.2025
1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 142/2018, registered at Police Station Sarkanda, District-Bilaspur (CG) for the offence punishable under Sections 420, 467, 468, 471, 120-B, 34 of the Indian Penal Code (IPC). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
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2. The prosecution story in brief, is that the complainant has made written complaint before the concerned police station that the accused persons have prepared forged document and executed registered sale deed in respect of land in favour of the complainant. Based upon such complaint, the police has registered the offence punishable under section 420, 467, 468, 471, 120- B, 34 of the India Penal Code at crime No. 142/2018 against the present applicant and others accused persons.
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Learned counsel for the applicant submit that the applicant is innocent and has been falsely implicated in this case. They further submit that the applicant has not played any role in this case, all the transaction were done between main accused and complainant in connection with the said crime. They also submits that the applicant is 45 year old and his long detention will adversely affect his health and his family, further the applicant has no criminal antecedent and one of the co-accused persons, namely, Gajendra Singh Jangde has already been granted bail by the Co-ordinate Bench of this Court vide order dated 12.12.2018 in MCRC No.6329 of 2018, copy of which is filed through covering memo. The applicant is in jail since 23.10.2024 and the trial is likely to take some time for its conclusion. Therefore, they 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
3 the present case before the competent Court. He further submits that the case pertains to the year 2018, the said co-accused was arrested in 2018 and granted bail on 12.12.2018 by the Co- ordinate Bench of this Court, whereas applicant was absconding since 2018, he went to his village to earn a livelihood, thereby he absconded and hampered the trial, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the case pertains to the year 2018, the co-accused, namely, Gajendra Singh Jangde was arrested in 2018 and was granted bail on 12.12.2018 by the Co-ordinate Bench of this Court in MCRC No.6329 of 2018, a copy of which is also filed through covering memo, whereas applicant was absconding since 2018, he went to his village to earn a livelihood, thereby he absconded and hampered the trial, further the case of present applicant is distinguishable from that of the co-accused person, who had granted bail, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail.
Accordingly, the bail application of applicant-Narendra Tandon, involved in Crime No. 142/2018, registered at Police Station Sarkanda, District-Bilaspur (CG) for the offence punishable under Sections 420, 467, 468,
4 471, 120-B, 34 of IPC, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha)
Chief Justice Akhil