1 2026:CGHC:24429 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5113 of 2026 Kuldeep Singh Soni S/o Lt. Balwant Singh Aged About 64 Years Resident Of Ward No.26, Santarabadi Near Sahu Dairy Durg Distt - Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Station Supela, Distt- Durg (C.G.) ... Respondent For Applicant : Mr. Jitendra Gupta, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2026 1. This is the first 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.191/2026 registered at Police Station – Supela, District - Durg (C.G.) for the offences punishable under Sections 318(2), 318(4), 337, 111(4) and 3(5) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.18 12:00:24 +0530 2 2. Case of the prosecution, in brief is that the applicant and other co accused have made an agreement with the complainant on 24/01/2020 by claiming that there is an agreement in their name for the sale of 38090 square feet of vacant land adjacent to the complainant's house, situated at katul Board Patwari halka number 20 Durg bearing land khasra number 144/7 and 144/03 and which is the name of the land owner Sandeep Jain and Anurag Jain in the revenue records. The complainant has given a total amount of rupees 26 lakh to the Kuldeep out of which 11 lakh is in cash and rupees 15 lakh in the account of the applicant. Later on, on different dates the complainant has given an amount of rupees 24 lakh to the applicant through cheques drawn in the name of land owner Sandeep Jain. In this way the applicant and other accused persons have received the total amount of rupees 55 lakh from the complainant but have neither got the land registered in the complainant's name nor have return the money. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case and has neither committed nor participated in any act constituting the alleged offences. The applicant firmly believes that the prosecution will not be able to prove the allegations levelled against him during the course of trial. The applicant is an elderly person and is undergoing regular medical treatment, requiring proper care and attention. The applicant has been in judicial custody since 05.02.2026, and the trial is still pending; therefore, his continued incarceration would serve no useful purpose. Further, a similarly situated co-accused, namely Jogi Singh Soni, has already been granted regular bail by this Hon'ble Court vide order dated 05.05.2026 passed in MCRC No. 2984 of 2026, and 3 as such, the applicant is also entitled to the benefit of parity. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence, and he undertakes to abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court and that the applicant has four criminal antecedents. Therefore, the applicant is not entitled to the 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, the nature and gravity of the allegations levelled against the present applicant, and the fact that the co-accused, namely Jogi Singh, has already been granted bail vide order dated 05.05.2026 passed in MCRC No. 2984 of 2026, and further considering that the charge-sheet has already been filed before the competent Court, and that the applicant has been in judicial custody since 05.02.2026, and also considering that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Kuldeep Singh Soni, involved in Crime No.191/2026 registered at Police Station – Supela, District - Durg (C.G.) for the offences punishable under Sections 318(2), 318(4), 337, 111(4) and 3(5) of the BNS 2023. , be released on bail on furnishing personal 4 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 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 vaibhav