1 2026:CGHC:5799 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1074 of 2026 1 - Jagat Ram Sahu S/o Samaru Ram Sahu Aged About 41 Years R/o Village Dhaur, P.S. Uttai, Tehsil Patan, Distt. Balod, Chhattisgarh. 2 - Lekh Ram Netam S/o Vishnu Netam Aged About 45 Years R/o Village Dhaur, P.S. Uttai, Tehsil Patan, Distt. Balod, Chhattisgarh, (Details Are Mentioned From The FIR) ...Applicants versus State Of Chhattisgarh Through P.S. Balod, Distt. Balod, Chhattisgarh. ... Respondent For Applicants : Shri Roshan Singh Lamba, Advocate. For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/02/2026 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 applicants who have been arrested in connection with Crime GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.03 14:33:18 +0530 2 No.481/2025 registered at Police Station Balod District Balod, (C.G.) for the offence punishable under Sections 318(4) and 3(5) of the BNS. 2. Case of the prosecution, in brief, is that in village Umradah there was a land belonging to complainant namely Balram Patel and his sister Sulochna Patel and the land bearing Khasra No 386/01, 386/02, Area 0.20 Hectare and total land is 1 Acre and for that land there 2 was an agreement made between Paras Ram Sahu and the complainant and the total amount of consideration was fixed Rs. 43,00,000/- and Paras Ram Sahu has stated that if the registry will be executed according to market rate, the registry fee would be less and then rest of the amount is to be paid through cheque and Paras Ram Sahu has executed the sale deed in favour of the co accused namely Tara Sahu and the applicants were the witness of registered sale deed and the consideration amount is fixed as Rs. 9,50,000/- and then sale deed was executed and for the rest of the amount, Paras Ram Sahu has issued a cheque but signature was intentionally wrongly done and thus alleged offence has been registered against the applicants. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case and they have no role in the alleged offence and have merely signed the registered sale deed in the capacity of witnesses, without any knowledge of the alleged transaction relating to the cheque. It is further submitted that the main accused is Paras Ram Sahu, who deliberately put an incorrect signature on the cheque, and the applicants have been unnecessarily roped in. He would submit that one of the co-accused, Tara Sahu, in whose favour the sale deed was executed, has already 3 been enlarged on bail by this Court vide order dated 16.01.2026 in M.Cr.C.(A) No. 93/2026. He would submit that though the applicants have one previous case, they have already been granted regular bail therein, the applicants have been in custody since 28.11.2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has not been filed in this case but she do not dispute the fact that co-accused, Tara Sahu has already been enlarged on bail by this Court vide order dated 16.01.2026 in M.Cr.C.(A) No. 93/2026. She would submit that the applicants have one previous case and they have already been granted regular 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 of allegation levelled against the applicants, further the fact that co-accused, Tara Sahu has already been enlarged on bail by this Court vide order dated 16.01.2026 in M.Cr.C.(A) No. 93/2026, applicants have one previous case in which they are on bail, period of detention of the applicants since 28.11.2025 and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Jagat Ram Sahu & Lekh Ram Netam, involved in Crime No.481/2025 registered at Police Station Balod District Balod, (C.G.) 4 for the offence punishable under Sections 318(4) and 3(5) of the BNS, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty 5 of bail and proceed against them in accordance with law. 8. 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 gouri