1 2025:CGHC:7317 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1047 of 2025 Arvind Sahu S/o Late Shri Lakshmi Narayan Sahu Aged About 30 Years R/o Jhalmala, Post- Seepat, Thana- Seepat, District- Bilaspur (C.G.) ... Applicant(s) versus The State Of Chhattisgarh Through The Station House Officer Police Station Thana- Seepat, District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rajendra Patel, Advocate. For Respondent(s) : Mr. U.K.S. Chandel, Deputy A.G. For Objector : Mr. Gyan Prakash Shukla, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/02/2025 1. Learned counsel for the applicant submits that because of some inadvertent mistake the present applicant was released from jail though the bail was granted to the brother of the present applicant, namely, Abhishek Sahu in MCRC No.9072 of 2024 vide order dated 24.01.2025 and the applicant has surrendered himself 2 before the concerned trial Court on 06.02.2025 vide Surrender Report dated 08.02.2025 in compliance of the Court’s order dated 06.02.2025, copy of which is also annexed as Annexure D/1. 2. I have perused the report of the District Judge, Bilaspur (C.G.) regarding the mistake which has been occurred. The Station House Officer concerned should be cautious in future not to repeat such type of mistake. 3. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 498/2024, registered at Police Station Seepat, District Bilaspur, (C.G.) for the offence punishable under Sections 420, 34 of Indian Penal Code, 1860. 4. The prosecution story in brief, the complainant filed a First Information Report (FIR) regarding an incident that occurred on June 8, 2023. The complainant alleged that the accused persons fraudulently took earnest money from them but failed to initiate the registration process for the land. Instead, they made excuses. It was further contended that the land in question was mortgaged to a bank, and the accused persons were attempting to sell it to other parties. The complainant stated that after paying the earnest money, they proceeded with the registration of the sale deed. However, the registry officials refused to register the property, citing that it was mortgaged to the bank. When the complainant contacted the accused after a week, they claimed to be working 3 on repaying the loan amount. However, when no further action was taken, the complainant lodged the FIR. 5. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He further submits that two of the co-accused persons, namely, Smt. Ahilya Bai Sahu and Abhishek Sahu have already been granted bail by this Court vide order dated 11.12.2024 and 24.01.2025 in MCRC Nos. 8691/2024 and 9072/2024, respectively and the case of present applicant is identical to that of the co-accused persons. He further submits that the applicant has been in jail since 18.11.2024, thereafter, he was mistakenly granted bail on 24.01.2025, and subsequently surrendered before the concerned trial Court on 06.02.2025, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 6. Learned State counsel opposed the bail application of the present applicant and submits that charge-sheet has been filed in the present case before the competent Court. 7. Learned counsel for the objector submits that the present applicant is main accused who fraudulently took earnest money from the complainant and failed to register the suit property, he further refused to returned the money and tried to sell the property to other persons, therefore, the applicant is not entitled for grant of bail. 8. I have heard learned counsel for the parties and perused the case diary. 4 9. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the present applicant is main accused who fraudulently took earnest money from the complainant and failed to register the suit property, he further refused to returned the money and tried to sell the property to other persons, further the case of the present applicant is distinguishable from the case of the co-accused persons who have been granted bail by this Court as the present applicant is main accused, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail, accordingly, the bail application of applicant – Arvind Sahu, involved in Crime No. 498/2024, registered at Police Station Seepat, District Bilaspur, (C.G.) for the offence punishable under Sections 420, 34 of Indian Penal Code, 1860, is rejected. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Saxena / Preeti ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2025.02.12 17:18:47 +0530