1 2025:CGHC:42419 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6608 of 2025 Sanjay Kumar S/o Shri Vishwanath Kumar Aged About 37 Years R/o Village- Baghadi, P.S. Balrampur, Distt.- Puruliya, West Bengal, Present Address- Rasmada, District- Durg C.G. ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Somani, District – Rajnandgaon, C.G. ---- Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.08.2025 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. 72/2025, registered at Police Station – Somani, District – Rajnandgaon (C.G.) for the offence punishable under Sections 318(4), 319(2), 336(3), 338, 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant Naresh Kumar Agarwal lodged a written complaint at the Police Station Somani to the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 effect that the agricultural land under his ownership and possession is situated in village Indawani Post Somani Patwari Halka No. 60 R.N.M. Rajnandgaon Tehsil and District Rajnandgaon, whose Khasra No. 590/3 area 0.0800 hectare, Khasra No. 590/10 area 00200 hectare, Khasra No. 590/11 area 0.7690 hectare, Khasra No. 590/3 area 0.3840 hectare, total Khasra 04, total area 1.2530 hectare, which has three different registries and a total of three kishan kitab. The above mentioned land was purchased by him on 10.11.2014, 28.02.2012 and 03.11.2011 from the legal sellers and after purchasing, he got his name registered in the government documents. His name was registered on the said lands in the government records, after which he came to know that a person named Sanjay Kumar (present applicant) has made a fake Aadhar card number 828730621688 by giving his name as Naresh Kumar Agarwal, son of Shankar Lal Agarwal, whose mobile number is 9893843010. He, along with co-accused Dharmendra Kumar, has made a fake Rin Pustika number 395793 by getting fake signature of Tehsildar Rajnandgaon done, and by putting fake government seal and signature on the government documents, has shown the said land as his own and has sold the said land with Rakesh Jain and Rakesh Kumar Mishra by becoming fake Naresh Kumar Agarwal. The said fake person named Naresh Kumar Agarwal executed an agreement on 07.03.2025 in front of two witnesses and received Rs. 2,05,000/- in cash and a cheque of Rs. 3,00,000/- in lieu of the said land. On the basis of said complainant, a case under Sections 318 (4), 319(2), 336(3), 338, 340(2) and 61(2) of the BNS, 2023 has been registered against the accused at Police Station Somani. 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. It is further 3 submitted that the charge-sheet has been filed in this case. It is further submitted that the applicant is a labourer by profession and he has not prepared any forged documents as per the prosecution’s own material, the alleged forged sale-deed/revenue document was prepared by the co- accused Dharmendra Sahu. The applicant is in jail since 20.03.2025 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 the charge-sheet has been filed in this case, and the applicant 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 the applicant is a labourer by profession and he has not prepared any forged documents as per the prosecution’s own material, the alleged forged sale-deed/revenue document was prepared by the co-accused Dharmendra Sahu, charge-sheet has been filed against the applicant, the applicant is in jail since 20.03.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicant, Sanjay Kumar, involved in Crime No. 72/2025, registered at Police Station – Somani, District – Rajnandgaon (C.G.) for the offence punishable under Sections 318(4), 319(2), 336(3), 338, 340(2) and 61(2) of the BNS, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- 4 (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, 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 Rajshekhar