Bilaspur (C.G.) v. State of Chhattisgarh Through Station House Officer, Police Station Sakri, Distr
Case Details
1 2025:CGHC:137 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8983 of 2024 Jitendra Singh Rathore S/o Hanuman Singh Rathore, Aged About 44 Years R/o Near Ameri Railway Crossing Bilaspur, Tahsil and District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Sakri, District-Bilaspur (C.G.) ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Awadh Tripathi, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Advocate General. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 02/01/2025 1 The applicant has preferred this First Bail Application 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. 882/2024, 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 Nyay Sanhita, 2023 (in short ‘B.N.S.’). 2 The case of the prosecution, in brief, is that the land owner Smt. 2 Asha Singh W/o Ajeet Singh R/o Manendragarh of the land situated in village Şakri P.H. No. 45 Man 1 Khasra No. 781/9 area 0.06 acre land is situated in the registered Tahsil. The said landowner has not sold the land to anyone, but according to the registered sale deed, the buyer of the said land is Ramsai Ram father late Bitna Ram caste Lohar R/o Nutan Colony Marwahi Road Pendra and uploaded the same in Citizen Portal in online Bhuiya App for mutation proceedings. When the complainant sought information from the Sub Registrar Office Bilaspur regarding the said uploaded document, it was found that the Sub Registrar Office Bilaspur had not registered any such document, the ID, document number and date were all wrong. No such document was presented for registration on that date and the e-registration ID series self was completely wrong. An application has been submitted to cancel he name of the applicant from the mutation proceedings and take appropriate action against the guilty person. In this regard, the records elating to e-registry number CG 53/7**** from the sub-registrar Bilaspur Seller Smt. Asha Singh W/o Ajeet Singh R/o Manendragarh and buyer Ram Say father Bitna Ram village Sakri P.H.No. 45, Information was taken for investigation and verification of land Khasra number 781/9 area 0.06 acres by the concerned court. According to letter No. 399/U.P./2024 dated 07.10.204 received from Registrar Bilaspur (CG) no such registered deed has been found and the 3 E-registry No. CG 53/7*** appears to be a fake (fabricated) registration ID. Thus it is clear that the land Khasra No. 781/9 area 0.06 acre land situated in village Sakri P.H. No. 45 Man 1 by buyer Ramsay father Bitnaram to Seller Smt. Asha Singh W/o Ajeet Singh R/o Manendragarh E registry number CG 53/7**** is fake and fabricated. Buyer Ramsay has prepared a fake sale deed of the said land in a fraudulent manner which comes under the category of crime. Therefore, an offence under Sections 318(4), 336(3), 338, 340(2) and 61(2)(A) of BNS has been registered as Crime No. 882/2024 by police of police station Sakri Bilaspur (C.G.). 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that as per the contents of the FIR the name of the present applicant has not been mentioned and there is no specific allegation against the present applicant and only on the basis of mere suspicion the applicant has been falsely implicated in this case. He also submitted that the present applicant has neither purchased the said property nor sold the same and also the applicant has not sent or received any amount from other person with respect to the said sale of property and the offence is against one Ramsay Ram who has allegedly purchased the said property and there is no endorsement of the signature or name of the present applicant in any of the documents like the sale deed or agreements and neither he is involved in the aforesaid sale 4 purchase and also he has not transferred or received any amount in or from his bank account or by any other means. He later submitted that the applicant has no previous criminal antecedents, charge-sheet has been filed and the applicant is in jail since 28.11.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the present applicant has neither purchased the said property nor sold the same and also the applicant has not sent or received any amount from other person with respect to the said sale of property and the offence is against one Ramsay Ram who has allegedly purchased the said property and there is no endorsement of the signature or name of the present applicant in any of the documents like the sale deed or agreements and neither he is involved in the aforesaid sale purchase and also he has not transferred or received any amount in or from his bank account or by any other means, further the applicant has no previous criminal antecedents, the charge-sheet has been filed 5 and he is in jail since 28.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Jitendra Singh Rathore, involved in Crime No. 882/2024, 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 Nyay Sanhita, 2023 (in short ‘B.N.S.’), 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 sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of 6 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 his, 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 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 his 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. Preeti Sd/- (Ramesh Sinha) Chief Justice