Sonu Yadav vs State Of Chhattisgarh

Ramesh Sinha, J

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.272/2024 registered at Police Station Civil Lines, Raipur (CG) for the offence punishable under Section 420 of the Indian Penal Code, 1860.

Case of the prosecution, in brief, is that a complaint was made by one Sushil Pagariya alleging failure of the applicant to pay him the value of land sold by him to the applicant. On such complaint the police registered the FIR and led to investigation of the matter.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the dispute arose on account of the failure of the complainant to handover the commercial site to Shridhar Rao Kumre, the companion of applicant's late father as per an agreement so executed dated 02.03.2019 between them even after receiving Rs. 30 Lakh and subsequently on execution of sale deed by the complainant with the applicant in lieu of such amount with an understanding that the sale-purchase would be shown against payment of amount through bank cheques, which owing to mismatch of signatures of the applicant could not be cleared. He would further submit that the complainant instead of asking the applicant to pay the amount through fresh cheques adhered to filing of complaint case under NI Act, 1881 and simultaneously filed a civil suit for getting the sale-deed declared null and void. He would submit that the applicant is in jail since 25/03/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant.

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 would submit that there is no previous criminal antecedent against the present applicant.

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

Taking into consideration the facts and circumstances of the case, considering the nature of dispute, it appears to be civil in nature, also considering the fact that there is no previous criminal antecedent against the present applicant, period of detention of the applicant since 25/03/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case.

Let the Applicant-Sonu Yadav, involved in Crime No.272/2024 registered at Police Station Civil Lines, Raipur (CG) for the offence punishable under Section 420 of the Indian Penal Code, 1860, 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 him under Section 269 of Bharatiya Nyaya Sanhita.

(iii) In case, the applicant misuses the liberty of 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 him, 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 him in accordance with law.

Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance.