Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 3368 (CHH)

SAROJ NIRMALKAR v. STATE OF CHHATTISGARH

MCRC/2121/2026 · 2026-03-02

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:11039 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2121 of 2026 Saroj Nirmalkar W/o Ganesh Nirmalkar, Aged About 43 Years R/o House No. 234, Godpara, Thethwar Para, Ward No. 6, P.S. City Kotwali, District Durg C.G. Presently R/o Near Nar-Narayan Mandir, Borsi, Padmanabhpur, District Durg (C.G.) ... Applicant versus State of Chhattisgarh Through Station House O6cer, Police Station Basantpur, District Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Aditya Bharadwaj, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.03.2026 1. This is the 9rst bail application 9led 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. 357/2024 registered at Police Station Basantpur, District Rajnandgaon, (C.G.), for the o=ences punishable under Sections 419, 420, 467, 468, 471, 34 of the Indian Penal Code. 2. As per the prosecution story, the complainant, namely Rakesh Turate, lodged a report stating that the land bearing Khasra No. 48/1, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.03.03 18:18:07 +0530 2 admeasuring 1.10 dismil, situated at Village Katul Bord, belonging to his mother, Smt. Aashalata, was sold to co-accused Pratap Majumdar with the help of a forged Power of Attorney. It is alleged that the present applicant impersonated Smt. Aashalata Turate and executed documents on the basis of a forged Aadhaar card. The applicant has been arrayed as an accused in the supplementary charge sheet on the allegation that her photograph is a6xed on the alleged forged Power of Attorney and that she went to the registry o6ce at the instance of co-accused Pratap Majumdar. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. He further submits that the applicant has no criminal antecedents. He submits that the other co-accused persons, namely, Keshav Ram Devangan, Hemant Sen and Pratap Majumudaar have already been granted regular bail by this Court in MCRC No. 7062 of 2024 and MCRC No. 375 of 2025 vide orders dated 04.12.2024 and 15.01.2025. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the other co-accused persons, namely, Keshav Ram Devangan, Hemant Sen and Pratap Majumudaar have already been granted regular bail by this Court in MCRC No. 7062 of 2024 and MCRC No. 375 of 2025 vide orders dated 04.12.2024 and 15.01.2025. Also considering the fact that 3 the charge - sheet has already been submitted in the present case before the competent Court and She has been in jail since 18.02.2026 and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Saroj Nirmalkar, involved in Crime No. 357/2024 registered at Police Station Basantpur, District Rajnandgaon, (C.G.), for the o=ences punishable under Sections 419, 420, 467, 468, 471, 34 of the Indian Penal Code, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 9le an undertaking to the e=ect that she shall not seek any adjournment on the dates 9xed 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 9xed, either personally or through her counsel. In case of her absence, without su6cient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date 9xed in such proclamation, then, the trial court shall 4 initiate proceedings against her, 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 9xed 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 su6cient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. O6ce is directed to send a certi9ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek