1 2025:CGHC:4452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 694 of 2025 Ramsay Ram S/o Bitna Ram Aged About 49 Years R/o- Village- Bharra, Dippa, P.S.- Aasta, District- Jashpur, Presently R/o- Anand Nagar, Uslapur, P.S.- Sakri, District- Bilaspur, C.G. ... Applicant versus State Of Chhattisgarh Through- P.S.- Sakri, District- Bilaspur, C.G. ... Non-applicant For Applicant(s) : Mr. Hemant Gupta, Advocate For Respondent(s) : Mr. S. S. Baghel, Deputy Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.01.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 881/2024 registered at Police Station – Sakri, District Bilaspur (C.G.), for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2)(A) of BNS. 2. Case of the prosecution, in brief, is that the applicant presented a fake E-Registry before the Tahsildar - Sakri for mutation of the land situated at village Sakri P.H. No. 45 Man 1 Khasra No. 794/5 area KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 0.11 acre land is Situated in the registered Tahsil. When the Tahsildar sought information from the Sub Registrar OfÏce Bilaspur regarding the said E-registry, it was found that the Sub Registrar OfÏce Bilaspur had not registered any such document, & document number and date were all wrong. No such document was presented for registration on that date and the e-registration ID series itself was completely wrong. Therefore, the F.I.R has been made by the Tahsildar and an offence under Sections 318(4), 338, 336(3), 340(2), 61(2)(A) of B.N.S. has been registered as Crime No. 881/2024 by P.S. Sakri, Bilaspur (C.G.) 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that co-accused person, namely, Jitendra Singh Rathore, who is the main accused, has already been granted bail by this Court in MCRC No. 9008/2024 vide order dated 02.01.2025 and the case of the present applicant is identical to that of the co-accused. He also submits that so far as criminal antecedents of the applicant is concerned, five cases have been registered against the present applicant including the present one for similar offences out of which in two cases the applicant has been granted bail by this Court. The applicant is languishing in jail since 10.12.2024 and further the fact that the co-accused namely Jitendra have used the account of the applicant and took all the money from their as well, for which the applicant tried his level best to explain to police but failed and was made accused in the case and though the charge-sheet has been 3 filed, the conclusion of the trial is likely to take some time, hence, he prays for grant of bail to the applicant on the ground of parity. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and submits that in the present case, charge-sheet has been filed before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the bail application of the applicant. 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 co-accused namely, Jitendra Singh Rathore, who is the main accused in this case, has already been granted bail by this Court in MCRC No. 9008/2024 vide order dated 02.01.2025 and the allegations which have been levelled against the applicant is that the co-accused namely Jitendra have used the account of the applicant and took all the money from there as well, for which the applicant tried his level best to explain the police but he was failed and was made accused in the case so far as criminal antecedents of the applicant is concerned, five cases have been registered against the present applicant including the present one for similar offences out of which in two cases the applicant has been granted bail by this Court and he is languishing in jail since 10.12.2024, charge-sheet has already been filed and conclusion of the trial is likely to take some time, hence I am inclined to allow this bail application on the ground of parity. 7. 7. Let applicant, Ramsay Ram, involved in Crime No. 881/2024 registered at Police Station – Sakri, District Bilaspur (C.G.), for the 4 offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2)(A) of 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 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening 5 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal