1 2025:CGHC:4713 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 721 of 2025 Rajanikant S/o Sahettar Kurrey Aged About 36 Years R/o Village Gunsari, P.S. Takhatpur, District Bilaspur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Sarkanda, District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Ashok Dixit, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Deputy G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 143/2018, registered at Police Station : Sarkanda, District- Bilaspur, (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120-B and 34 of Indian Penal Code. 2. The case of the prosecution, in brief, is that the complainant filed a written complaint at the concerned police station alleging that the accused persons had executed a sale agreement for land belonging RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.29 10:43:30 +0530 2 to another person on 03.05.2013. Based on this complaint, the police registered an offense under Sections 420, 467, 468, 471, 120-B, and 34 of the Indian Penal Code in Crime No. 143/2018 against the present applicant and other accused persons. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that there was dispute in between the main accused persons and complainant with regard to subject land and transaction amount has also been done in between them but the applicant has not played any role with regard to incident took place and has been falsely implicated in this case. He also submits that the present applicant has no criminal antecedents and he is in jail since 23.10.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the accused persons had executed a sale agreement for land belonging to another person on 03.05.2013. Therefore, the present applicant is not entitled to be granted regular bail in this 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 though the accused persons had executed a sale agreement 3 for land belonging to another person, but the charge-sheet has been submitted before the competent Court and he has no criminal antecedents and he is in jail since 23.10.2024, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let the Applicant – Rajanikant, involved in Crime No. 143/2018, registered at Police Station : Sarkanda, District- Bilaspur, (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120-B and 34 of Indian Penal Code, 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 misuse 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 fail 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan