Kuldeep Pandey S/o Akhil Pandey Aged About 34 Years R/o Sagar Deep Colony Uslapur v. State Of Chhattisgarh Through- Station House Officer, Police Station Sakri, District- Bilaspur
Case Details
1 2025:CGHC:3178 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 484 of 2025 Kuldeep Pandey S/o Akhil Pandey Aged About 34 Years R/o Sagar Deep Colony Uslapur, Tahsil And District Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station Sakri, District- Bilaspur (C.G.) ... Non-Applicant(s) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN For Applicant(s) :
Legal Reasoning
Mr. Awadh Tripathi, Advocate. For Non-Applicant(s) : Mr. S.S. Baghel, Deputy G.A Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/01/2025 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. 881/2024 registered at Police Station Sakri, District- Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2) and 61(2)(a) of Bharatiya 2 Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the applicant/accused, Kuldeep Pandey, has conspired with other co-accused to cheat and forge valuable documents, including a sale deed, and has used them as genuine to upload on the government's website and transfer the land of another person, thereby obtaining illegal benefits. The statements of witnesses Vimal Kumar Vaidya and Amin Sheikh Ajiz also mention the involvement of the applicant/accused in the crime, thereafter, the offence has been registered against the applicant. 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 two of the co-accused persons, namely, Jitendra Singh Rathore and Ritesh Jajodia have been granted bail by this Court vide order dated 02.01.2025 and 09.01.2025 in MCRC No.9008 of 2024 and MCRC No.151 of 2025, respectively, and the case of present applicant is similar to that of the co-accused persons. The applicant is in jail since 28.11.2024, so far as criminal antecedents of the applicant is concerned, besides this case, the applicant is having six more cases pending against him, out of which, in two case the applicant is on bail and rest of the four cases are under similar nature against which MCRC Nos.485/2025, 495/2025, 488/2025 and 493/2024 have been filed by him, which are also listed today and the same are allowed today itself by this Court, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for 3 grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith other co-accused persons conspired to cheat and forge valuable documents, including a sale deed, and has used them as genuine to upload on the government's website and transfer the land of another person, thereby obtaining illegal benefits, further the applicant has six criminal antecedents under similar nature, therefore, he 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 28.11.2024, the fact that though the applicant alongwith co- accused persons conspired to cheat and forge valuable documents, including a sale deed, and has used them as genuine to upload on the government's website and transfer the land of another person, thereby obtaining illegal benefits, but two of the co-accused persons, namely, Jitendra Singh Rathore and Ritesh Jajodia have been granted bail by this Court vide order dated 02.01.2025 and 09.01.2025 in MCRC No.9008 of 2024 and MCRC No.151 of 2025, respectively, and the case of present applicant is similar to that of the co-accused persons, so far as the criminal antecedents of the applicant is concerned, the applicant is on bail and rest of the four cases are under similar nature against which MCRC Nos.485/2025, 4 495/2025, 488/2025 and 493/2024 have been filed by him, which are also listed today and the same are allowed today itself by this Court, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Kuldeep Pandey, involved in Crime No. 881/2024 registered at Police Station Sakri, District- Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2) and 61(2)(a) of BNS, 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 sufÏcient 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 5 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Akhil Sd/- (Ramesh Sinha) CHIEF JUSTICE