1 2025:CGHC:56184 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8293 of 2025 Suresh Mishra S/o Shri G.P. Mishra Aged About 59 Years R/o Rajkishore Nagar, P.S. Sarkanda, Bilaspur, Tah. And District Bilaspur (C.G.) ... Applicant versus State Of C.G. Through S.H.O. Police Station Sarkanda, District Bilaspur (C.G.) ... Respondent For Applicant : Shri Ashish Shrivastava, Sr. Advocate with Shri Diwesh Kumar, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/11/2025 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.1238/2025 registered at Police Station Sarkanda, Distt. Bilaspur (C.G.) for the offence punishable under Sections 420,467,468,471 & 120 (B) of I.P.C. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.19 19:40:04 +0530 2 2. Case of the prosecution, in brief, is that complainant namely Arun Kumar Dubey filed a written complaint before the P.S. Sirgitti police station stating that he had purchased 3,000 square feet (07 decimal) of land from applicant/accused Suresh Mishra on the basis of a general power of attorney executed by Ramfal son of Hagru Kaivart, in favor of the applicant/accused Suresh Kumar Mishra. After the mutation, the said land has been registered in the name of applicant Arun Kumar Dubey in the revenue records, whose new Khasra number is 404/4. In the second copy of the said sale deed in sub-registrar office, applicant/accused Suresh Mishra along with his associates tampered with it and after getting the second copy of the sale deed from the sub- registrar office Bilaspur, an objection was submitted in the Tehsil office, Bilaspur, that the Khasra number of the land purchased by Arun Kumar Dubey is 429/2, whereas Arun Kumar Dubey has got it registered in the revenue records as Khasra number 404/4 by forging it. On the basis of the objection submitted in the Tahsil office an order was passed by the Sub-Divisional Officer Revenue Bilaspur to delete the name of the complainant from the land No. 404/4, measuring 3000 sq. ft. As a result, the complainant has been deprived of the rights over the land purchased by him. Therefore, on the basis of the written application submitted by the complainant Arun Kumar Dubey, a case was registered against the applicant/accused under sections 420, 467, 468, 471, 120B of the Indian Penal Code and taken up for investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that co-accused person namely Rajesh Kumar Mishra has been granted bail by this court in MCRC No.7980 of 2025 on 09/10/2025, 3 co-accused Manoj Kumar Dubey has been granted bail by this Court in MCRC No.8100 of 2025 on 13.10.2025 and co-accused Banamali Mondal has been granted bail by this Court in MCRC No.7963 of 2025 on 09/10/2025. He would submit that the applicant has five criminal antecedents in which he has been granted bail by the co-ordinate bench of this Court in M.Cr.C. No.9915/2021 on 25/01/2022, M.Cr.C. No.2332/2022 on 14/07/2022, M.Cr.C.No.5333/2022 & M.Cr.C. No.5218/2022 on 25/07/2022 & M.Cr.C. No.330/2025 on 14/01/2025. He would submit that the applicant is in jail since 12/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. Learned State Counsel do not dispute the fact that co-accused person namely Rajesh Kumar Mishra has been granted bail by this court in MCRC No.7980 of 2025 on 09/10/2025, co-accused Manoj Kumar Dubey has been granted bail by this Court in MCRC No.8100 of 2025 on 13.10.2025 and co-accused Banamali Mondal has been granted bail by this Court in MCRC No.7963 of 2025 on 09/10/2025 and applicant has five criminal antecedents in which he has been granted bail by the co-ordinate bench of this Court. 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, submission of learned counsel for the parties, further the fact that co-accused person namely Rajesh Kumar Mishra has been granted bail by this court in MCRC No.7980 of 2025 on 09/10/2025, co-accused Manoj Kumar Dubey has been granted bail by this Court in 4 MCRC No.8100 of 2025 on 13.10.2025 and co-accused Banamali Mondal has been granted bail by this Court in MCRC No.7963 of 2025 on 09/10/2025, further the fact that the applicant has five criminal antecedents in which he has been granted bail by the co-ordinate bench of this Court, period of detention of the applicant since 12/09/2025 and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Suresh Mishra, involved in Crime No.1238/2025 registered at Police Station Sarkanda, Distt. Bilaspur (C.G.) for the offence punishable under Sections 420,467,468,471 & 120 (B) of I.P.C., 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 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 5 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. 8. 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 gouri