Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 59545 (CHH)

PRADEEP KUMAR THAKUR v. STATE OF CHHATTISGARH

MCRC/9401/2025 · 2025-11-19

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:56606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9401 of 2025 • Pradeep Kumar Thakur S/o Vijay Shankar Thakur Aged About 46 Years R/o Village- Sarbhoka, Tahsil And P.S. Patna, District Koriya C.G. ... Applicant versus • State of Chhattisgarh Through S.H.O., P.S. Charcha, District Koriya C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pushkar Sinha, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.11.2025 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. 161/2025, registered at Police Station – Charcha, District – Koriya (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code (for short, IPC). 2. The case of the prosecution, is that the complainant Sikandar Sao has been showed the land at Khasra No. 28, area 0.43 hectares, by the accused Shamim Ansari, for sale. Upon agreeing, the complainant paid Rs. 10,000 in cash, followed by Rs.1,90,000 via VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.21 16:54:40 +0530 2 cheque and Rs.2,00,000 in cash. Later, on 24.10.2016, the accused informed that registration would have to be done, but it was not completed. After about 1.5 years later, the accused provided only a photocopy of sale papers on stamp paper worth Rs.300 each. Further payments totaling Rs.7,90,000 were made through cheque and cash by the complainant and his son. Upon inquiry at the registrar and tehsil offices, it was discovered that no land registration had been done. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case and there is two criminal antecedents registered against the present applicant on similar nature bearing crime No.90 of 2025 registered at Police Station – Charcha for offence under Sections 420, 467, 468, 471, 120(B) of IPC and bearing crime No.160 of 2025 registered at Police Station Charcha for offence under Sections 420, 467, 468, 471, 120(B) of IPC, in both cases applicant has already been granted bail by this Court in MCRC No.9337 of 2025 and MCRC No.9339 of 2025. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 08.10.2025 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 there is two criminal antecedents registered against the present applicant, in which he has already been granted bail by this Court and the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the 3 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 there are two criminal antecedents registered against the present applicant of similar nature and in both cases applicant has already been granted bail by this Court in MCRC No.9337 of 2025 and MCRC No.9339 of 2025, charge-sheet has been filed against the applicant, the applicant is in jail since 08.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Pradeep Klumar Thakur, involved in Crime No. 161/2025, registered at Police Station – Charcha, District – Koriya (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code (for short, IPC), 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 4 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. 8. Office 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 vaishali