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2025 Supreme(Online)(Chh) 7393
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ
Bajrang Prasad Gautam – Appellant
Versus
State Of Chhattisgarh – Respondent
MCRC No. 5634 of 2025
For the Applicant(s): Mr. Awadh Tripathi
For the Respondent(s): Mr. Nitansh Jaiswal
A bail application was granted based on the applicant's lack of knowledge regarding document forgery, despite allegations of severe criminal actions.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Indian Penal Code - Sections 420, 467, 468, 471, 120-B - Bail application - The applicant is accused of conspiracy and forgery involving fake documents and land sale. The applicant was unaware of the forgery, believing documents to be genuine. Court considered the gravity of the offence, duration of detention, and prior criminal record. (Paras 1, 6, 7)
(B) Elements of Good Faith - The applicant acted under the belief that documents were valid, claiming to be deceived by an accomplice. The court recognizes the implications of acting in good faith amidst allegations of deception. (Paras 3, 6) Findings: The court concludes that, given one prior criminal antecedent and the circumstances, the applicant is entitled to bail.
Result: Application allowed.
| Table of Content |
|---|
| 1. summary of charges against applicant and alleged criminal activity. (Para 1 , 2) |
| 2. defense arguments regarding good faith and knowledge of forgery. (Para 3 , 4) |
| 3. court's considerations regarding bail entitlement based on applicant's history and circumstances. (Para 5 , 6) |
| 4. conclusion granting bail under specified conditions. (Para 7) |
Order on Board
18/07/2025
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 372/2025 registered at Police Station Civil Lines, Bilaspur, Distt. Bilaspur (C.G.) for the offence punishable under Section s 420 , 467, 468, 471, 120-B of the Indian Penal Code .
2. Case of the prosecution, in brief, is that the complainant, Saukhilal Bharghav, lodging a report at Civil Lines, Bilaspur. According to the report, the complainant purchased a land measuring 2400 sq. ft. (Khasra No. 38/12) from Maya Devi in 2008 and took possession of it, but failed to get the land transferred in his name. The land remained vacant, which caught the attention of the land broker, Bajrang (the applicant). Allegedly, Bajrang hatched a conspiracy by exploiting the fact that the land was shown twice in the Bhuiya app. He created a fake Aadhaar card in Maya Devi's name and impersonated her using another woman and witnesses. Bajrang then obtained a fake registered power of attorney and got the land registered in someone else's name. He further sold the land in two pieces to Sushma Gupta and Arvind Kumar Gupta, obtaining a fake Rin Pustika (No. 733369). It is alleged that Maya Devi did not own any other land in Devrikhurd apart from the said land. Bajrang is accused of creating a fake Aadhaar card for a woman named Sumitra Yadav using a laptop and executing the General Power of Attorney to sell the land.
3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that The complainant stated that he purchased the land from Maya Devi in 2008 and took possession, but failed to get the land transferred to his name in the records, a fact that remained unchanged till 2020. Notably, the complainant did not mention in his complaint that his name was not transferred. The investigation revealed that a person named Pranshu @ Prashu Mishra allegedly forged documents, including a power of attorney, representing himself as Maya Devi, and provided these to the applicant. The applicant claims he was unaware of the forgery and believed the documents to be genuine. Based on these documents, the applicant sold the land to Sushma Gupta and Arvind Kumar Gupta. He further submits that the applicant had no knowledge that the person giving the power of attorney was not the actual Maya Devi and that he was also deceived by Pranshu. The applicant claims he acted in good faith based on the forged documents and paid Rs.5,50,000/- to Pranshu. The applicant alleges that Pranshu used him to sell the land to Sushma Gupta and Arvind Kumar Gupta, and that he himself was a victim of the forgery. The applicant is in jail since 08.04.2025, the applicant has one criminal antecedent of the year 2023 under the IPC, which is still pending, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant Bajrang is allegedly hatched a conspiracy by exploiting the fact that the land was shown twice in the Bhuiya app and thereby, created a fake Aadhaar card in Maya Devi's name and impersonated her using another woman and witnesses, he had obtained a fake registered power of attorney and got the land registered in someone els
