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2026 DAILYLAW 1881 (CHH)

ASHOK KUMAR URAON v. STATE OF CHHATTISGARH

MCRC/2102/2026 · 2026-03-02

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Judgment text

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1 2026:CGHC:11046 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2102 of 2026 Ashok Kumar Uraon S/o Chhattulal Uraon Aged About 42 Years R/o Baradwar Basti, District Sakti (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- P.S.- Kumhari, Distt. Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate For Respondent(s) : Mr. Soumya Rai, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.154/2025, registered at Police Station- Kumhari, District- Durg (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 347 of the BNS and Section 66(C) of the Information Technology Act (as per charge-sheet). KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. As per the prosecution case, the complainant submitted a written complaint before the concerned Police Station alleging that the accused persons prepared and relied upon forged documents and illegally got their names recorded in the revenue records in respect of Government land. It is further alleged that on the strength of such forged and fabricated documents, the accused persons obtained financial benefits by availing Kisan Credit Card (K.C.C.) loan facilities from the concerned Bank. On the basis of the said written complaint, the police registered the aforesaid offence and initiated investigation. 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, Amit Kumar Maurya has already been granted bail by this Court vide order dated 24.02.2026 in MCRC No.1900 of 2026. The applicant is in jail since 09.12.2025, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent arising from same cause of action registered at Crime No.201 of 2025, in which, the applicant has already been granted bail by this Court vide order dated 05.02.2026 in MCRC No.1305/2026, further the 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 3 the present case. He further submits that the applicant allegedly involved in the preparation and use of forged documents for the purpose of illegally recording names in the revenue records pertaining to government land and for obtaining Kisan Credit Card (K.C.C.) loan facilities from the bank. Furthermore, the applicant has one criminal antecedent of identical nature registered at Crime No.201 of 2025. 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 09.12.2025, the fact that though the applicant allegedly involved in the preparation and use of forged documents for the purpose of illegally recording names in the revenue records pertaining to government land and for obtaining Kisan Credit Card (K.C.C.) loan facilities from the bank, but considering the fact that identically situated co-accused, namely, Amit Kumar Maurya has already been granted bail by this Court vide order dated 24.02.2026 in MCRC No.1900 of 2026, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent arising from same cause of action registered at Crime No.201 of 2025, in which, the applicant has already been granted bail by this Court vide order dated 05.02.2026 in MCRC No. 1305/2026 and the charge-sheet has been filed, this Court is 4 of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Ashok Kumar Uraon, involved in Crime No.154/2025, registered at Police Station- Kumhari, District- Durg (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 347 of the BNS and Section 66(C) of the Information Technology Act, 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 them 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 Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate 5 proceedings against him, in accordance with law, under Section Section 209 of 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 accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal