Nafr High Court
Case Details
1 2025:CGHC:2158 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 330 of 2025 1 - Suresh Mishra S/o G. P. Mishra Aged About 57 Years R/o Plot No. - 167, Near Holy Nursery School, Rajkishore-Nagar, Bilaspur, District Bilaspur, Chhattisgarh. (Petitioner Name Is Correctly Mentioned) Versus ... Applicant 1 - State Of Chhattisgarh Through P.S.- Sarkanda, Dist. Bilaspur, C.G. ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Rajeev Shrivastava, Senior Advocate along with Mr. Diwesh Kumar, Advocate and Ms. Ritika Dubey, Advocate For Non-Applicant : Mr. Santosh Soni, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 14/01/2025 1. This is the first bail application filed by the applicant 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. 426/2022 registered at Police Station – Sarkanda, District – Bilaspur, Chhattisgarh for the offences punishable under Sections 420, 467, 468, 471, 120B, 34 of the Indian Penal Code, 1860. 2. Case of prosecution is that, one Prakash Singh obtained the documents of the relevant area under R.T.I. and found that revenue document bearing Khasra No. 1859/1 measuring 1.03 acres has been fabricated. The said land was initially recorded in the name of Hira Das who stated to have sold the land in the year 1972 to Amal Das and further, it is on the SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 basis of so-called power of attorney in favour of Suresh Mishra, he sold the land to Hary Joseph and Vineet Mishra. Based on the complaint, police investigated the matter and registered the aforementioned crime and applicant was arrested on 02.11.2024. 3. Learned senior counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that one Amal Das has executed power of attorney in favour of the applicant and based upon which, he has executed the sale-deed in favour of Harry Joseph and Vineet Mishra. He contended that the land was recorded in the name of Amal Das and he has not committed any offence as alleged. Applicant is in jail since 02.11.2024. He is a resident of Bilaspur and there is no apprehension of his absconding. He submits that there are four co- accused persons in the crime out of which, three co-accused person have been enlarged on bail. 4. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that as per the material available in the case diary, the applicant has been shown to be the main accused as he obtained the signatures and other revenue documents from Amal Das and after forging the revenue documents have executed the sale-deed for the land which is subject matter of the crime to different persons. There are six other criminal antecedents of similar nature. However, upon asking with respect to why the applicant was not arrested in the year 2022, counsel for the State could not be able to point out from the case diary, but the learned senior counsel appearing for the applicant has submitted that initially, the charge-sheet has been filed against Amal Das who was earlier arrested, but there is no mention in the charge-sheet that the applicant was absconding. 3 5. At this stage, learned counsel for the applicant submits that all the other crimes registered is of the same year in which he was granted bail by the Court. 6. 7. I have heard learned counsel for the respective parties. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties and further considering that all the other offences as stated by the learned senior counsel for the applicant was registered in the year 2022 in which the applicant has been enlarged on bail in M.Cr.C. No. 9915/2021, M.Cr.C. No. 5333/2022, M.Cr.C. No. 5218/2022 and M.Cr.C. No. 2332/2022, offence is triable by Judicial Magistrate First Class, period of pre-trial detention, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 8. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. (b) 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. (c) 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 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. 4 (d) 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 concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey