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Judgment
This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 266/2026 registered at Police Station Balod, District Balod (C.G.), for the offence punishable under Sections 318(4), 319(2), 336(3), 338, 340(2) and 3(5) of BNS.
Case of the prosecution, in short, is that on 24.04.2026 accused namely Hari Shankar Gajbhiye impersonated himself as Damendra Kumar Ganjir (Owner of land) and also prepared a forged account of land showing Damendra Kumar Ganjir as owner of survey No. 355/1 and 239/2. It is further alleged that the present applicants made an attempt to sell the properly to Kamala Verma, who suspected the land record and subsequently lodged report against the applicants for offences as stated above.
Learned Advocates for respective applicants submits that in the present case, charge-sheet has been filed and applicant namely Narendra Bahadur Soni is in jail since 05.06.2026 and Shravan Kumar is in jail since 28.06.2026. It is also contended that there are false allegations against the present applicants and they never made any attempt to alienate the property as they are not owner of the properly. They would pray for grant of bail.
On the other hand, learned counsel for the State would oppose the bail application. He would submit that it is a case of cheating as Hari Shankar Gajbhiye (main culprit) impersonated himself as Damendra Kumar Ganjir and tried to alienate the properly recorded in his name. He would submit that both the applications deserve to be rejected.
I have heard learned counsel appearing for the parties and perused the case diary.
The allegation against the present applicants are that Narendra Bahadur Soni accompanied main culprit Hari Shankar Gajbhiye, whereas, co-accused Shravan Kumar prepared a forged Kisan Kitab.
Having considered the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicants and the fact that investigation has already been completed, the charge-sheet has been filed before the competent Court and they are in jail since 05.06.2026 and 28.06.2026 respectively, I am inclined to allow both the bail applications.
Accordingly, the regular bail applications are allowed and it is directed that in the event of the applicants executing a personal bond for a sum of Rs.50,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:-
they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;
they shall not act in any manner which will be prejudicial to fair and expeditious trial, &
they shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
