1 2026:CGHC:5280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1026 of 2026 • Laxman Chauhan S/o Late Vijay Kumar Chauhan Aged About 40 Years R/o- Gram Limtara, Police Station And Tehsil Simga, District- Balodabazar-Bhatapara (C.G.) ... Applicant versus • State of Chhattisgarh Through The Sho- Bhatapara (City), District- Balodabazar- Bhatapara (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aman Tamrakar, Advocate For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.01.2026 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. 377/2025, registered at Police Station – Bhatapara (City), District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 338, 336(2), 340(2), 318(4) and 3(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant Radheshyam Arya lodged a written report that he met with the present applicant and one Abhay Masih has shown me the land situated in village VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.04 11:20:42 +0530 2 Bhumiya Sankara, P.H.No. 01, Tehsil, Tilda, District Raipur (C.G.) 364/1, 364/3, 365/1, 12/1, 13/1 total 5 khasara, admeasuring area 1.697 Hectare land for sale of and when the complainant went to see the land on the spot the owner of land namely Jairam Rohara was also present and with the and when the complainant satisfied with the land on the spot the complainant wants to purchase the above mentioned land and later on he made an agreement to sale of above mentioned land total area 1.697 hectare land at the rate of Rs. 68,00,000/- (Sixty Eight Lakhs) per acre through notarized agreement on 24.02.2025 and payable as advance Rs. 50,00,000/- rupees (Fifty lakhs) to the owner of land i.e Jairam Rohara and till now Rs. 50,00,000/- (fifty lakhs) has been given to Jairam Rohara as earnest money in the deal of the said land and after some time he came to know about that Jairam Rohara does not wants to sell his land and some dispute arises between the complainant and the owner land Jairam Rohara when the present applicant not respond of the above therefore in this way, the present applicant Laxman Chauhan along with other accused persons, by using documents of Jairam Rohara, prepared forged documents and conspired and made a planned deal of the land and usurped Rs. 50,00,000/- under a well- planned conspiracy with his other accomplices he has cheated and defrauded with the applicant thereafter the concerned police station has registered the Crime No. 377/2025 registered in police station Bhatapara (City), District Balodabazar Bhatapara (C.G.) for an alleged offence punishable under Sections 338, 336(2), 340(2), 318(4) and 3(5) of BNS, 2023 "correspondence section in IPC is 467, 465, 471, 420 and 34". 3. It is argued by the learned counsel for the applicant that the 3 applicant is innocent and has been falsely implicated in this case and there are two criminal antecedents registered against the present applicant and same are mentioned in the bail application at paragraph 4(a). It is further submitted that earlier in crime No.186 of 2025 registered in Police Station Simga, District – Balodabazar Bhatapara (C.G.) the present applicant was enlarged on anticipatory bail by this Court in MCRCA No.864 of 2025 vide order dated 27.06.2025. A copy of the said order annexed herewith as annexure- A/2. He also submits that when the complainant get the knowledge about the present applicant is enlarge on Anticipatory bail by this Court on 27.06.2025, the same complainant lodged present FIR on 03.07.2025 in different police station just to harras the applicant with similar situated facts. The applicant is in jail since 18.12.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application. 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 earlier in crime No.186 of 2025 registered in Police Station Simga, District – Balodabazar Bhatapara (C.G.) the present applicant has already been enlarged on anticipatory bail by this Court in MCRCA No.864 of 2025 vide order dated 27.06.2025, the applicant is in jail since 18.12.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 4 7. Let applicant, Laxman Chouhan, involved in Crime No.377/2025, registered at Police Station – Bhatapara (City), District – Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 338, 336(2), 340(2), 318(4) and 3(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS), be released on bail on his furnishing a personal bond with two local 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 5 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