1 2026:CGHC:3617 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 747 of 2026 Ashutosh Pandey S/o Late Surendra Kumar Pandey Aged About 37 Years R/o Village Moharenga, Tah. And P.S. Bemetara, Distt. Bemetara (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - SHO Police Station - Bemetara, Distt. Bemetara (C.G.) ... Respondent(s) For Applicant(s) : Mr. Dheerendra Pandey, Advocate. For Respondent(s) : Mr. Saumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/01/2026 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 applicant who has been arrested in connection with Crime No. 410/2024 registered at Police Station Bemetara, Distt. Bemetara (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 420, 34 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that the present applicant, along with other co-accused, sold agricultural land to the complainant by deliberately concealing the fact that the land was already the subject matter of a pending civil dispute. The complainant paid a total consideration of Rs.49,54,300/- for registration of the sale deed, believing the property to be free from encumbrances. Subsequently, it was revealed that litigation regarding the said land was pending, causing financial loss to the complainant. It is alleged that the accused persons acted with common intention to commit fraud, and that they had already lost the civil suit before the District Court, with a civil appeal pending before this Court despite which the sale deed was executed. Hence, the bail application. 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 co-accused, namely, Sarita Pandey, has been granted anticipatory bail by the Hon’ble Supreme Court vide order dated 17.10.2025 in Special Leave Petition (Criminal) Diary No.58755/2025 and one co-accused, namely, Ashish Pandey, has been granted anticipatory bail by this Court vide order dated 03,12.2025 in MCRCA No.1888 of 2025. The applicant is in jail since 24.12.2025, the applicant has four criminal antecedent of the years 2020 and 2024 under the IPC, 3 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 the present case. He further submits that the applicant allegedly in connivance with co-accused, fraudulently sold agricultural land to the complainant by concealing the pendency of civil litigation over the said property, thereby inducing the complainant to pay Rs.49,54,300/- as sale consideration and causing him financial loss. So far as criminal antecedents of the applicant are concerned, applicant has four criminal antecedents of the years 2020 and 2024 under the IPC, 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 24.12.2025, the fact that though the applicant allegedly in connivance with co-accused, fraudulently sold agricultural land to the complainant by concealing the pendency of civil litigation over the said property, thereby inducing the complainant to pay Rs.49,54,300/- as sale consideration and causing him financial loss, but considering the fact that co-accused, namely, Sarita 4 Pandey, has been granted anticipatory bail by the Hon’ble Supreme Court vide order dated 17.10.2025 in Special Leave Petition (Criminal) Diary No.58755/2025 and one co-accused, namely, Ashish Pandey, has been granted anticipatory bail by this Court vide order dated 03,12.2025 in MCRCA No.1888 of 2025, also considering the criminal antecedents of the applicant and the fact that charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the application is allowed. 8. Let the Applicant-Ashutosh Pandey, involved in Crime No. 410/2024 registered at Police Station Bemetara, Distt. Bemetara (C.G.) for the offence punishable under Section 420, 34 of the Indian Penal Code, 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 5 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. 9. 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 Akhil