Raipur (C.G.) v. State Of Chhattisgarh Through Police Station, Mandir Hasaud, Distt
Case Details
1 2025:CGHC:18364 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3083 of 2025 Satish Sinha S/o Shri Ramashray Prashadi Sinha Aged About 44 Years R/o Azad Chowk Gaytri Nagar Birgoan P.S. Urla, Distt.- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station, Mandir Hasaud, Distt. Raipur (C.G.) ... Respondent(s) For Applicant(s) :
Legal Reasoning
Mr. Pragalbha Shrama, Advocate. For Respondent(s) : Mr. U.K.S. Chandel, Deputy A.G. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 23/04/2025 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 15/2025 registered at Police Station Mandir Hasaud, Distt. Raipur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 3. Case of the prosecution, in brief, is that one Smt. Praveen Agrawal 2 filed a complaint alleging that an agreement was executed on 13.12.2024 to purchase a land situated at Mandir Hasaud which was in the name of Shri Pushpa Sarathi. On 20.12.2024, when the parties reached to registrar ofÏce and it was agreed that the sale deed was to be registered in two parts in the joint names of the complainant and Smt. Sangeeta Agrawal. Co-accused (Smt. Devteen Verma) posing as Rajaram Sarathi's wife signed as the seller, and a total of Rs.2.17 crores was paid via cheques in the name of Pushpa Sarthi @ Devteen Verma. Later on 09.01.2025, it was discovered by the complainant that he has been defrauded by Devteen Verma. It has been further alleged that the fraudulent transaction was allegedly arranged by Murli Gajwani and Vikram Singh Patel, who admitted the same. It was further alleged that Ruknuddin Khan and applicant also conspired in preparing forged documents. Based on the complaint, a case has been registered against the applicant and co-accused under Sections 3(5), 318(4), 336(3), 338, 340(2) and provisions of the B.N.S. Act. Hence, the bail application. 4. 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 the allegation against the applicant that he introduced the parties, no financial transaction took place between applicant and parties, he was completely unaware of the fact that had happened. He also submits that the co- accused, namely, Vikram Singh Patel, who has done the 3 transaction has already been granted anticipatory bail by this Court vide order dated 19.03.2025 in MCRC No.384/2025. The applicant is in jail since 11.01.2025, the applicant has no criminal antecedent, 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. 5. 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 is alleged to have conspired in preparing forged documents for the said sale deed and had accompanied applicant and other co-accused persons, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 11.01.2025, the fact that though it is alleged that the applicant too conspired in preparing forged documents for the said sale deed, but he has no criminal antecedent and one of the co-accused persons, namely, Vikram Singh Patel, who has done the transaction has already been granted anticipatory bail by this Court vide order dated 19.03.2025 in MCRC No.384/2025, 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. 8. Let the Applicant-Satish Sinha, involved in Crime No. 15/2025 4 registered at Police Station Mandir Hasaud, Distt. Raipur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 3(5) 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 Sanhita. (iv) The applicant shall remain present, in person, 5 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. 9. OfÏce 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