Court allows bail based on parity with co-accused and absence of criminal antecedents.

Order on Board

27.05.2025

1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 15 of 2025 registered at Police Station : Mandir Hasaud, District – Raipur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2. Case of the prosecution, in brief, is that one Smt. Praveen Agrawal 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 office 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. The applicant (Smt. Devanteen 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 @ Devanteen Verma/ the applicant. Later on 09.01.2025, it was discovered by the complainant that he has been defrauded by the applicant. 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 Satish Sinha (co-accused) 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)

under provisions of the BNS Act. Hence, the bail application.

3. It has been argued by learned counsel for the applicant that Vikram Singh Patel and Murli Gajwani are the main accused persons who had done the transaction and the accused Vikram Singh Patel has been granted benefit of anticipatory bail by this Court vide order dated 19.03.2025 passed in MCRCA No.384 of 2025. He would further submit that the other co-accused namely, Satish Sinha who has been alleged to take the present applicant for personation has also been granted bail by this Court vide order dated 23.04.2025 passed in MCRC No. 3083/2025. Therefore, on the ground of parity, the applicant herein may also be granted bail. It is further submitted that the applicant is innocent and has been falsely implicated in the present case. He further submits that the present applicant is an illiterate lady who was under influence of other co-accused persons and has only acted on their behest and was completely unaware of the facts and intentions of the co-accused persons. That, there is no criminal antecedents against the applicant and she is 50 years old lady and is in jail since 11.01.2025 and the conclusion of trial will take some time, therefore, he prays that the applicant be enlarged on bail.

4. Learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this matter and, therefore, the applicant does not deserve to be released on bail at this juncture.

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

6. Considering the facts and circumstances of the case, nature and gravity of offence and also considering the fact that the other co-accused person namely, Vikram Singh Patel has been granted benefit of anticipatory bail by this Court vide order dated 19.03.2025 passed in MCRCA No.384 of 2025 and the another co-accused namely, Satish Sinha has also been granted bail by this Court vide order dated 23.04.2025 passed in MCRC No. 3083/2025 and the present applicant is in jail since 11.01.2025 and the trial is likely to take sometime for its conclusion, I am of the opinion that the present applicant is entitled to be released on bail in this case on the ground of pari