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2026 DAILYLAW 11120 (CHH)

ASHISH VAJPAI v. STATE OF CHHATTISGARH

MCRC/611/2026 · 2026-01-18

body2026

Judgment text

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1 2026:CGHC:3027 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 611 of 2026 Ashish Vajpai S/o Lt. Ramprasad Aged About 44 Years R/o Gatadih, Tehsil Sarsiwa, Distt. Sarangarh Bilaigarh, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Sho P.S. Sarsiwa, Distt. Sarangarh Bilaigarh, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Lukesh Kumar Mishra, Advocate appeared through video conferencing. For Respondent(s) : Ms. Vaishali Mahilang, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/01/2026 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. 168/2025 registered at Police Station Sarsiwa, Distt. Sarangarh Bilaigarh (C.G.) for the offence 2 punishable under Sections 419, 420, 120-B, 34 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that the complainants Amitabh Vajpayee and Ashutosh Vajpayee submitted a written complaint to Police Station Sarsivan on 09.05.2025 alleging that the applicant/accused Ashish Vajpayee, in connivance with co- accused Balram, Manohar and Prem Sidar, fraudulently executed a forged sale deed in respect of land bearing Khasra No. 763/5, area 0.194 hectare, which originally stood in the name of their deceased father, Late Sheetla Prasad Vajpayee. It is alleged that the accused persons manipulated revenue records by falsely converting the ownership of the said land and showing one Ramdas (father’s name mentioned falsely) as the vendor, whereas in reality the person whose photograph was affixed as the seller was Prem Sidar, who is well acquainted with the applicant/accused Ashish Vajpayee. On the basis of these allegations, Crime No. 168/2025 was registered at Police Station Sarsivan for offences under Sections 419, 420, 120-B and 34 of the Indian Penal Code. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that identically situated co- accused, namely, Prem Sidar has already been granted bail by this Court vide order dated 15.12.2025 in MCRC No.10307 of 3 2025. The applicant is in jail since 11.09.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant is alleged to have, in connivance with co-accused persons, fraudulently got the revenue records altered and executed a forged sale deed of land belonging to Late Sheetla Prasad Vajpayee by impersonating the real owner, thereby cheating the complainants and committing offences of forgery, impersonation and conspiracy. Therefore, the applicant is not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicant since 11.09.2025, the fact that though the applicant is alleged to have conspired with other co-accused persons to execute a forged sale deed of land by impersonation and manipulation of revenue records, but considering the fact that identically situated co-accused, namely, Prem Sidar has already been granted bail by this Court vide order dated 15.12.2025 in MCRC No.10307 of 2025 and has no criminal antecedent, further the charge-sheet 4 has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Ashish Vajpai, involved in Crime No. 168/2025 registered at Police Station Sarsiwa, Distt. Sarangarh Bilaigarh (C.G.) for the offence punishable under Sections 419, 420, 120-B, 34 of the Indian Penal Code, 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 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. 5 (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. 9. 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 Akhil