1 2025:CGHC:5321 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8899 of 2024 Bhanu Pratap Barman S/o Late Hemdas Barman Aged About 55 Years R/o Village Jhonka, Police Station And Tahsil Lalpur, District Mungeli (C.G.) At Present R/o Omnagar, Jarhabhatha, Ward No. 21, Rented House of Santosh Ratre, District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police of Police Station Sarkanda, District – Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. Chandra Kumar, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 144/2018, registered at Police Station – Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120-B read with Section 34 of the Indian Penal Code (for short, IPC). 2. The case of the prosecution, is that during investigation in the case, it was found that the accused/applicant showing himself Kalicharan Prasad, sold the land of Kalicharan Prasad bearing Khasra No. 237/20, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 239/12 admeasuring 1500 sq.feet to the complainant Durga Prasad Pandey by introducing himself as Kalicharan Prasad and went to the Regsitry OfÏce and got the land registered fraudulently by posing as Kalicharan Prasad. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that one of the co-accused, namely, Ravi Mishra @ N.L. Mishra who has also been arrested on 04.10.2024 was also allowed bail by the trial Court vide order dated 26.10.2024, copy of the same has already been annexed with the bail application, on the ground that the co- accused Gajendra Singh was granted bail by this Court vide order dated 12.12.2018 passed in MCRC No. 6332 of 2018, and the applicants bail application was rejected by the trial Court only on the ground that the applicant was hampering the investigation for about 10 years by showing himself as Kalicharan Prasad. The applicant is in jail since 23.10.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that during investigation in the case, it was found that the accused/applicant showing himself Kalicharan Prasad, sold the land of Kalicharan Prasad bearing Khasra No. 237/20, 239/12 admeasuring 1500 sq.feet to the complainant Durga Prasad Pandey by introducing himself as Kalicharan Prasad and went to the Registry OfÏce 3 and got the land registered fraudulently by posing as Kalicharan Prasad, therefore, he is not entitled for grant of bail. 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 the fact that charge-sheet has been filed against the applicant, further the fact that one of the co-accused, namely, Ravi Mishra @ N.L. Mishra who has also been arrested on 04.10.2024 was also allowed bail by the trial Court vide order dated 26.10.2024, copy of the same has already been annexed with the bail application, on the ground that the co-accused Gajendra Singh was granted bail by this Court vide order dated 12.12.2018 passed in MCRC No. 6332 of 2018, and the applicants bail application was rejected by the trial Court only on the ground that the applicant was hampering the investigation for about 10 years by showing himself as Kalicharan Prasad, and the applicant is in jail since 23.10.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Bhanu Pratap Barman, involved in Crime No. 144/2018, registered at Police Station – Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120-B read with Section 34 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 4 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 sufÏcient 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 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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 5 9. OfÏce 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 Rajshekhar