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2025 Supreme(Online)(Chh) 5641
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Ramesh Sinha, CJ
SHOBHIT SAHU – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
MCRC/3705/2025
Ms. Smita Jha, Advocate; Mr. Kishan Lal Sahu, Deputy Government Advocate.
The court granted bail considering the applicant's age and prolonged detention without a charge-sheet, emphasizing the need for fair treatment in the judicial process.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 318(4), 319(2), 338, 336(3), 340(2), 343, 61
(B) - First Bail Application - Applicant arrested for fraudulently registering land using forged documents and selling it - The applicant contends innocence and claims false implication, with a civil suit pending regarding the same land. (Paras 1, 2, 3)
(B) Bail - Consideration of age and duration of incarceration - The court noted the applicant's age of 76 years and the fact that he has been in jail since 24.03.2025, leading to the decision to grant bail despite the absence of a charge-sheet. (Paras 6, 7)
Facts of the case:
The applicant was arrested for allegedly using forged documents to register land and sell it, with a complaint filed by the Tahsildar rather than the purchaser. The applicant claims the land was legitimately allotted to him.
Findings of Court:
The bail application is allowed considering the applicant's age and prolonged detention without a charge-sheet.
Issues: The main issues were the legitimacy of the applicant's claims regarding land ownership and the implications of his age on bail eligibility.
Ratio Decidendi: The court emphasized the importance of the applicant's age and the duration of his detention in deciding to grant bail, despite the serious nature of the allegations.
Result: Bail application allowed.
Order on Board
13/05/2025
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. 314/2025, registered at Police Station – Magarlod, Dhamtari, District- Dhamtari (C.G.) for the offence punishable under Sections 318(4) , 319(2), 338 , 336(3) , 340(2) , 343 and 61(B) of Bharatiya Nyaya Sanhita, 2023.
2 The case of the prosecution, in brief, is that, a written complaint filed by the complainant on 21.08.2023, at Magarlod police station. The case alleges that the accused, Shobhit Sahu, fraudulently registered land (Khasra numbers 8 and 9, totaling 0.47 hectares) in his name in the revenue records by submitting false documents, including a certificate, voter ID, Aadhaar card, and bank passbook. The Revenue Court, Tehsildar Magarlod, ordered an investigation, and based on the Halka Patwari's report, passed an order on 08.12.2021, to register the accused's name as Shobhit alias Suklal Sahu. The prosecution contends that the accused knowingly used forged documents to register the land in his name and subsequently sold it to the victim, Chandrahas Sinha, for ₹19,00,000. The accused allegedly committed offenses under Sections 319(2), 338, 336(3), 340(2), 343, and 61(b) of the Bharatiya Nyaya Sanhita (BNS). Based on the FIR, crime no. 113/2025 was registered against the applicant under Sections 318(4), 319(2), 338, 336(3), 340(2), 343, and 61(B) of the BNS.
3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She further submits that a complaint was not filed by the purchaser, it is filed by the New Tahasildar. She also submits that the accused did not cheat the complainant. The land, registered in the accused's name, was allotted by the government in 1985-86, and a loan book was issued in the accused's name. In November 2024, the complainant, who is the Tahsildar, created a document before the Collector Dhamtari. During the investigation, the applicant showed the loan book to the Additional Collector Dhamtari, but it was not returned. Further, a civil suit is pending before the Civil Judge Class 1, Kurud, District Dhamtari, regarding the disputed land. The complainant has filed this complaint with the same set of facts to falsely implicate the applicant. The civil court is already triabled of the matter and has scheduled written submissions for 5.5.2025. She further submits that the applicant is 76 years old and is languishing in jail since 24.03.2025 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 not 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 though the charge-sheet has not been filed in the present case, but considering the age of the applicant i.e. 76 years old and he is languishing in jail since 24.03.2025, I am inclined to allow this application.
7 Accordingly, the bail application is allowed. Let the applicant - Shobhit Sahu, involved in Crime No. 314/2025, registered at Police Station – Magarlod, Dhamtari, District- Dhamtari (C.G.) for the offence punishable under Sections 318(4), 319(2), 338, 336(3), 340(2), 343, 61(B) of Bharatiya Nyaya Sanhita, 2023, 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
