1 2026:CGHC:7041 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1382 of 2026 • Prashant Sharma S/o Late Feku Prasad Sharma Aged About 49 Years R/o Near Kali Mandir - Jorapara, Police Station - Modhapara, Raipur, District : Raipur, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Sho Police Station Mana Camp, Raipur, District : Raipur, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Avinash Chand Sahu, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.02.2026 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. 170/2025, registered at Police Station – Mana Camp Raipur, District – Raipur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 of the Indian Penal Code (for short ‘IPC’). 2. The case of the prosecution, is that the complainant Pushpa Makhija, wife of Late Sheetal Das Makhija, lodged a written report on 20.06.2025 stating that her husband was the owner of land situated VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.10 17:27:14 +0530 2 at Village- Dumartarai, PHN-74, District- Raipur, bearing Survey Nos. 235/18, 235/19 235/21, and admeasuring 0.250 hectare, 0.084 hectare and 0.472 hectare respectively, with a total area of 0.806 hectare. It is alleged that out of the said land, the complainant's husband executed a Power of Attorney in respect of approximately 0.540 hectare of land in favour of nine persons who were either employees or acquaintances. As per the prosecution, out of the said land, approximately 2 acres were sold between the years 1990 and 1998, while the remaining 2 acres continued in the names of the said nine persons. It is further alleged that due to the death of some of these persons, including Shobhraj (died in 2008), Ashok Kumar (died in 2023) and Rajlal Das (died in January 2024), the process of mutation and regularization of the remaining land could not be completed. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that there are no criminal antecedents registered against the applicant. The allegation levelled against him is limited to obtaining a false power of attorney; however, there is no allegation that the applicant forged or fabricated any document, nor that he impersonated any person. Learned counsel further submits that the applicant had no knowledge that the persons who represented themselves as landowners or power of attorney holders were not legally competent to do so. It is also contended that the applicant is neither the original executor nor the beneficiary of the alleged forged power of attorney. The prosecution itself admits that the applicant was not the recipient of the original power of attorney allegedly executed by the complainant’s husband. It is further 3 submitted that the charge-sheet has already been filed in the present case. The applicant has been in judicial custody since 29.08.2025, and the trial is likely to take a considerable period for its conclusion. In view of the above facts and circumstances, learned counsel prays that the applicant be enlarged on bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. 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 there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 29.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Prashant Sharma, involved in Crime No.170/2025, registered at Police Station – Mana Camp Raipur, District – Raipur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 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 4 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 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