Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 14952 (CHH)

ASHOK YADAV v. STATE OF CHHATTISGARH

MCRC/10452/2025 · 2026-01-08

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:1455 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10452 of 2025 Ashok Yadav S/o Sudan Yadav Aged About 53 Years R/o Niranjan Kirana Store, Sahu Para, Khamtarai, Raipur, Tehsil And District- Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Civil Line, District- Raipur (C.G.) ... Respondent For Applicant :Mr. Tanuj Patwardhan, Advocate For respondent/State :Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/01/2026 1. This is the Third bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 398/2024 registered at Police Station – Civil Line District - Raipur (C.G.), for the offences punishable under Sections 420, 467, 468, 471, 34 of the IPC 1860. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.12 14:42:28 +0530 2 2. The earlier two bail applications of the present applicant were disposed of, one being dismissed and withdrawn, and the other rejected on merits, vide orders dated 08.11.2024 and 12.06.2025 in MCRC Nos. 7746 of 2024 and 4391 of 2025, respectively. 3. Case of the prosecution, in brief, is that on 19.07.2024 the police received secret information that some Individuals were involved in preparing forged Rin Pustikas (revenue records). Acting on this information, the police conducted a raid, arrested the present applicant and co-accused Chelaram Aaswani, and seized two Rin Pustikas from their possession. Upon further investigation, the Tehsildar examined the Rin Pustikas and found them to be forged. The police subsequently filed a charge sheet against the accused persons. On the basis of which the police of Civil Line registered the offence u/s 420, 467, 468, 471. 34 of the Indian Penal Code, 1860 and arrested the applicant on 24/11/2023. 4. Learned counsel for the applicant submits that this is the third bail application on behalf of the applicant. The first bail application was rejected by this Hon’ble Court vide order dated 04.04.2025 in MCRC No. 2681/2025. Thereafter, a second bail application was moved, which was also rejected. However, till date, the trial has not been concluded. It is submitted that there was no intention on the part of the applicants to commit the alleged offence, and no forged documents have been seized from their possession as per the challan filed by the prosecution. The applicants have no connection whatsoever with the alleged crime. It is further submitted that regular bail has already been 3 granted by this Hon’ble Court to a co-accused in the same case (Annexure A-5). Out of nine witnesses, only one witness has been examined till date by the learned Court below (Annexure A-6), indicating that the disposal of the case will take considerable time, and therefore, it is not desirable to keep the applicants languishing in jail. since 15.01.2025, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, including the fact that the earlier two bail applications of the present applicant were rejected, and also noting that out of 16 prosecution witnesses, 11 have already been examined while the remaining witnesses are yet to be examined, indicating that the trial is still in progress, and further considering that the applicant has been in judicial custody since 03.08.2024, this Court is of the considered view that the applicant is entitled to be released on bail at this stage. Accordingly, the present third bail application is allowed. 8. Let the Applicant – Ashok Yadav, involved in Crime No. 398/2024 registered at Police Station – Civil Line District - Raipur (C.G.), for the offences punishable under Sections 420, 467, 468, 471, 34 of the IPC 1860, the applicant may be released on bail on his furnishing a 4 personal bond with two heavy sureties, one of whom shall be a member of the applicant’s family 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 5 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 his in accordance with law. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of further three months from the date of receipt of certified copy of this order in accordance with law, if there is no legal impediment. 10. 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 Vaibhav