1 2025:CGHC:4720 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 735 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, Chhattisgarh ... Applicant versus State of Chhattisgarh Through P.S. Sakri, District Bilaspur Chhattisgarh ... Non-applicant For Applicant : Mr. Hemant Gupta, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.01.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 880/2024 registered at Police Station Sakri, District Bilaspur (C.G.), for the offences punishable under Section 318(4), 338, 336(3), 340(2), 61(2)(A) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution alleges that the applicant submitted a fake e- registry to the Tahsildar in Sakri for land mutation. The land in question is situated at Sakri P.H. No. 45, Man 1 Khasra No. 804/2, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.28 12:04:03 +0530 2 spanning 0.40 acres within the registered Tahsil. When the Tahsildar verified the e-registry with the Sub Registrar OfÏce in Bilaspur, discrepancies were found. The ofÏce had no record of the document, and the document number, date, and e-registration ID series were incorrect. Consequently, the Tahsildar filed an FIR, and an offense was registered under Sections 318(4), 338, 336(3), 340(2), and 61(2)(A) of the Bharatiya Nyaya Sanhita (B.N.S.) as Crime No. 880/2024 at P.S. Sakri, Bilaspur (C.G.). 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that other co-accused person, namely, Jitendra Singh Rathore, in MCRC No. 9003 of 2024, Ritesh Jajodia in MCRC No. 209 of 2025, vide orders dated 02.01.2025 and 10.01.2025 respectively have already been granted regular bail by this Hon’ble Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the co-accused person, namely, Jitendra Singh Rathore, in MCRC No. 9003 of 2024, Ritesh Jajodia in MCRC No. 209 of 2025, vide orders dated 02.01.2025 and 10.01.2025 respectively have 3 already been granted regular bail by this Court. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he is in jail since 10.12.2024 and conclusion of the trial may takes some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Ramsay Ram, involved in Crime No. 880/2024 registered at Police Station Sakri, District Bilaspur (C.G.), for the offences punishable under Section 318(4), 338, 336(3), 340(2), 61(2)(A) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 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, 4 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. 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 Abhishek