1 2025:CGHC:5308 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 810 of 2025 Shyamlal Bhardwaj S/o Nohar Bhardwaj Aged About 39 Years R/o Village - Nagpura, Police Station - Sirgitti, Tahsil And District - Bilaspur (C.G.). ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station - Bilha, District - Bilaspur (C.G.). ... Non-Applicant For Applicant : Mr. Kunwar Lal Sahu, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Dy. Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29/01/2025 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. 242/2022, registered at Police Station - Bilha, District - Bilaspur (C.G.) for the offence punishable under Sections 420, 120-B, 34, 467, 468 and 471 of Indian Penal Code. 2 The case of the prosecution, in brief, is that one Munni Bai lodged a written complaint at Police Station Sirgitti, Bilaspur, alleging that she is possessing joint land situated at Village Hardikala Tona, P.H. No. 3, I.R. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.30 18:52:43 +0530 2 Circle Bilha, Tehsil Bilha, District Bilaspur, with Khasra No. 12/1, totaling an area of 0.3550 hectares. The land is jointly registered in her name along with other co-owners, namely Babulal, Shyamlal, Bhaiyalal, Sukham, Gulaba, Parvati, and Kavita. It is alleged that one of the co-owners, Shyamlal, along with other account holders of the land, prepared a false and fabricated power of attorney in Munni Bai's name and sold the land to one Arjun Kumar Raut for Rs. 3,09,000/- on 10.03.2021. It is further alleged that Munni Bai's husband's name was falsely shown as Dhurbin in the documents, whereas his correct name is Bhagatram. Additionally, the Aadhaar card number mentioned in the sale deed is also alleged to be false. Following the registration of a case, the Police Station Bilha initiated an investigation. After due investigation, a charge sheet was filed, and the matter is now pending for further consideration before the trial Court. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that in the present case, there are total 07 accused persons, out of which 04 accused persons has been granted bail by this Court vide order dated 09.01.2025 and 10.01.2025 passed in MCRC Nos. 136/2025 and 214/2025 and one accused persons, namely, Sukhan Bai Dahire has been granted anticipatory bail passed in MCRCA No. 1469/2024 vide order dated 20.12.2024. He later submitted that the dispute between the complainant and applicant is civil in nature, the charge-sheet has been filed and the applicant is in jail since 20.11.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 3 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. He further submitted that the the complainant, Munni Bai, who filed a written complaint at Sirgitti Police Station. She alleged that Shyamlal, along with other co-accused, forged a power of attorney and sold her share of land, measuring 0.3550 hectares, to Nandita Raut for Rs. 3,09,000/- on 10.03.2021, without her knowledge or consent. Therefore, he is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused 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 dispute between the complainant and applicant is civil in nature, further total 07 accused persons, out of which 04 accused persons has been granted bail by this Court vide order dated 09.01.2025 and 10.01.2025 passed in MCRC Nos. 136/2025 and 214/2025 and one accused person, namely, Sukhan Bai Dahire has been granted anticipatory bail passed in MCRCA No. 1469/2024 vide order dated 20.12.2024, the charge-sheet has been filed and he is in jail since 20.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Shyamlal Bhardwaj, involved in Crime No. 242/2022, registered at Police Station - Bilha, District - Bilaspur (C.G.) for the offence punishable under Sections 420, 120-B, 34, 467, 468 and 471 of Indian Penal Code, be released on bail on his furnishing a personal bond with 4 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 his 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 his, 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 5 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 his in accordance with law. 8. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 9. 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 Preeti