M.C.B. (C.G.) v. The State Of Chhattisgarh Through
Case Details
1 2025:CGHC:37326 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4931 of 2025 1 - Hanslal S/o Bhagwat Aged About 40 Years Caste - Chamar, R/o Village And Post - Kathoutiya, Tahsil - Manendragarh, District -M.C.B., (C.G.) VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.31 18:40:37 +0530 2 - Vishnu S/o Gulab Aged About 33 Years Caste - Chamar, R/o Village And Post - Kathoutiya, Tahsil - Manendragarh, District - M.C.B. (C.G.) ... Applicants versus The State Of Chhattisgarh Through - Station House Officer, Police Station - Manendragarh, District - M.C.B. (C.G.) ... Respondent For Applicants
Legal Reasoning
: Mr. Rajkumar Pali, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with 2 Crime No. 83/2025 registered at Police Station - Manendragarh, District M.C.B.(C.G.), for the offence punishable under Sections 318, 319, 337, 340 & 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per prosecution case in short is that, the complaint namely Nirmal Kumar Hassa lodged a written report and stated that he wants to purchase a land for personal use therefore the applicants were coming in his house and informed about the land and they were gone to the spot with Manoj Netam and Surendra Yadav, then the applicants informed him the land holder name is Budhram who is resident of Jilibandh, Tahsil Khadgava. On this basis the complainant had purchased the land and paid the amount of Rs. 4 lacks cash and also paid of Rs. 2 lacks through the Cheque to the land owner and he was withdrawal the amount from the bank account and after laps of 10 days from the registration of sale deed when he filed an application before Tehsil court for mutation his name in the revenue records when the actual owner had objected then he come to knowledge the land is belonging to one Budhram, but the applicants in association with forge person namely Budhram and cheated the complainant. On this basis the crime has been registered against the applicants for the offences U/s. 318, 319, 337, 340, 3(5) of BNS. and arrested the applicants the investigation is going on, Hence this application. 3. Learned counsel for the applicants submits that applicants are innocent persons and have been falsely implicated in the 3 aforesaid case. He further submits applicants had not cheated the complainant nor received any amount from him neither sign any document they have falsely implicated in this crime. He further submits that applicants they self not aware who has a actual land holder only they had heard it from someone the land was going to sale out by the land holder. On this basis they have informed the complainant, it is the duty of the purchaser to collect information from the revenue record etc. But he has falsely imposing liability upon the applicants and they are in jail since 26.05.2025, therefore, he prays for grant of regular bail to the applicants. On the other hand learned State counsel opposes the bail application of the applicants and submits that the charge-sheet has been filed in the present case. I have heard learned counsel for the parties and perused the case diary. Taking into consideration the facts and circumstances of the case, and the fact that Applicant No. 1 has no previous criminal antecedents while Applicant No. 2 has one previous criminal antecedent; further, the charge sheet has already been submitted before the competent court, and the applicants have been in judicial custody since 26.05.2025 and considering that the conclusion of the trial may take some more time, this Court is of the view that the present applicants are entitled to be released on 4. 5. 6. 4 bail in the present case. 7. Let the Applicants – Hanslal & Vishnu involved in Crime No. 83/2025 registered at Police Station - Manendragarh, District – M.C.B. (C.G.), for the offence punishable under Sections 318, 319, 337, 340 & 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on 5 the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - vaibhav Sd/- (Ramesh Sinha) Chief Justice