Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 15154 (CHH)

CHELARAM AASWANI v. STATE OF CHHATTISGARH

MCRC/10411/2025 · 2026-01-11

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:1658 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10411 of 2025 Chelaram Aaswani S/o Kevalram Aaswani Aged About 66 Years R/o Near Bijli Office, Changorabhatha, P.S. D.D. Nagar, Raipur, District – Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. Civil Lines, Raipur, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Akash Kumar Kundu, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.01.2026 1. The applicant has preferred this Second Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 398/2024, registered at Police Station – Civil Lines, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 420, 467, 468, 471 and 34 of the IPC. 2. Earlier the first bail application of the applicant was rejected by this Court vide order dated 06.11.2024 passed in MCRC No. 7650/2024, on merits. 3. The case of the prosecution, is that on receiving secret information that RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 certain persons are forging land documents and using it for bail-bonds, and the concerned Police persons had arrested the applicant along with others who were alleged to prepare forged documents of Rin Pustika with regard to grant of bail. Hence, this application. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case and the co-accused persons have been granted bail by this Court vide order dated 09.01.2026 passed in MCRC Nos. 10452/2025. The applicant is in jail since 16.07.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case, and the applicant is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. 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 criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant and the co-accused persons have been granted bail by this Court vide order dated 09.01.2026 passed in MCRC Nos. 10452/2025, the applicant is in jail since 16.07.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this second bail application. 3 8. Let applicant, Chelaram Aaswani, involved in Crime No. 398/2024, registered at Police Station – Civil Lines, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 420, 467, 468, 471 and 34 of the 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 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 4 accordance with law. 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 Rajshekhar