1 2025:CGHC:58601 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9767 of 2025 Gautam Rathore S/o Shri Ramanarayan Rathore Aged About 48 Years R/o Village- Kosmanda, Police Station Champa, Distt. Janjgir-Champa (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Champa, Distt. Janjgir-Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vivek Kumar Shrivastava, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/12/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 470/2025 registered at Police Station Champa, Distt. Janjgir-Champa (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 318(4), 338, 336(3), 340(2), 3(5) of BNS. 2. Case of the prosecution, in brief, is that the applicant along with co- accused Sharda Rathore, acted as a real estate agent and fraudulently sold land to the complainant by executing a registered sale deed, even though the land actually belonged to Devendra Patel and Girdhari Lal Patel. On discovering the fraud, the complainant lodged a report, and offences under Sections 318(4), 338, 336(3), 340(2), 3(5) BNS (corresponding to Sections 420, 467, 468, 471, 34 IPC) were registered against the accused persons in Crime No. 470/2025. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the complainant had purchased land bearing Khasra No. 9/3, area 0.30 acre, in the name of his wife Smt. Reeta Sharma in February 2016 through a registered sale deed, in which he himself was a witness. The applicant had also purchased the same land in the name of his wife, Smt. Sharda Rathore, from Totaram Dewangan and remained in possession, with the complainant again signing as a witness. Thereafter, on 20.02.2017, the applicant sold this very land to Smt. Reeta Sharma, wife of the complainant, and in this sale deed also the complainant was a witness. Copies of all three sale deeds are annexed as Annexure A/3. He also submits that co-accused, Sharda Tathore has been granted anticipatory bail by this Court vide order dated 13.11.2025 in MCRCA No.1683 of 2025. The applicant is in jail since 3 15.10.2025, the applicant has three criminal antecedents, out of which, one case is of the year 2015, in which the applicant has been acquitted and two cases are of the years 2021 and 2025 under the IPC, which are pending, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he 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 the present case. He further submits that the applicant allegedly acted as a real estate agent along with his wife (co-accused) and fraudulently showed and sold land bearing Khasra No. 9/3, area 0.30 acre, to the complainant’s wife despite the land actually belonging to Devendra Patel and Girdhari Lal Patel and by executing a false sale deed and misleading the complainant, the applicant is accused of committing offences of cheating and forgery, further the applicant has three criminal antecedents, therefore, the applicant is not entitled for grant of bail. 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 offence, period of detention of the applicant since 15.10.2025, the fact that though the applicant allegedly acted as a real estate agent along with his wife (co-accused) and fraudulently showed and sold land bearing Khasra No. 9/3, area 0.30 acre, to the complainant’s wife despite the land actually 4 belonging to Devendra Patel and Girdhari Lal Patel and by executing a false sale deed and misleading the complainant, the applicant is accused of committing offences of cheating and forgery, but considering the fact the matter pertains to civil dispute and co- accused, Sharda Tathore has been granted anticipatory bail by this Court vide order dated 13.11.2025 in MCRCA No.1683 of 2025, so far as criminal antecedents of the applicant are concerned, applicant has three criminal antecedents, out of which, one case is of the year 2015, in which the applicant has been acquitted and two cases are of the years 2021 and 2025 under the IPC, which are pending, further charge-sheet has been filed, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Gautam Rathore, involved in Crime No. 470/2025 registered at Police Station Champa, Distt. Janjgir-Champa (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 3(5) 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 5 his counsel. In case of his absence, without sufficient 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 sufficient 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil