Order on Board

11.12.2024

1. The applicant has preferred this First Bail Application under Section

483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 594/2024, registered at Police Station : Tikrapara, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 318(4), 336(3), 3(5) of Bhartiya Nyay Sanhita, 2023.

2. The case of the prosecution, in brief, is that the FIR was lodged by the complainant and others, alleging that Abhay Yadav, along with the present applicant and Nihal Yadav, took an amount of Rs.90,97,000/- (Ninety Lakh Ninety-Seven Thousand) under the pretext of providing them with houses/land under the Raipur Vikas Pradhikaran at Kamal Vihar, Sector-1, and subsequently fled without delivering the promised land. Based on the complaint, an FIR was registered against the accused persons, and the present applicant was arrested for offences punishable under Sections 318(4), 336(3), and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. The prosecution further alleged that the applicant committed the offences of cheating and forgery under the pretext of providing RDA houses and land. Consequently, the applicant is being prosecuted in the present case.

3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the charge-sheet has been filed in this case. He further submits that the name of the applicant has come into light in the memorandum statement of the main accused person, namely, Abhay Kumar Yadav, and the co-accused persons, namely, Chetna Yadav, Chetan Anand Soni and Nihal Yadav have been granted bail by this Hon’ble Court vide order dated 27.09.2024, 08.11.2024 and 22.11.2024 in MCRC No. 6699/2024, MCRC No. 7464/2024 and MCRC No. 7686/2024 respectively. He also submits that the present applicant has been in jail since 19.08.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case.

4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the present applicant along with co-accused person have taken an amount of Rs. 90,97,000/- on a false pretext of providing the complainant house/land under Raipur Vikas Pradhikaran at Kamal Vihar Sec-1, therefore, the present applicant is not entitled to be granted regular bail in this case.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, further the fact that the co-accused persons, namely, Chetna Yadav, Chetan Anand Soni and Nihal Yadav have been granted bail by this Hon’ble Court vide order dated 27.09.2024, 08.11.2024 and 22.11.2024 in MCRC No. 6699/2024, MCRC No. 7464/2024 and MCRC No. 7686/2024 respectively, the applicant is in jail since 19.08.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application.

7. Let applicant, Khirsindur Sagar, involved in Crime No. 594/2024, registered at Police Station : Tikrapara, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 318(4), 336(3), 3(5) of Bhartiya Nyay Sanhita, 2023, be released on bail on furnishing personal bond with two local 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