AKHILESH KUMAR PANDEY vs STATE OF CHHATTISGARH
- Court
- Chhattisgarh High Court
- Case type
- MISC. CRIMINAL CASE
- Decided on
- 16-03-2026
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2026:CGHC:12521
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1485 of 2026
Akhilesh Kumar Pandey S/o Late Komal Prasad Pandey Aged About
•
48 Years R/o Village Champa Tahsil Champa, District Janjgir
Champa C.G.
... Applicant(s)
versus
• State of Chhattisgarh Through S.H.O. Police Station- Sakri, District
Bilaspur C.G.
... Respondent(s)
(Cause title is taken from Case Information System)
For Applicant(s) : Mr. Awadh Tripathi, Advocate
For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
16.03.2026
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.
59/2026, registered at Police Station – Sakri, District – Bilaspur
(C.G.) for the offence punishable under Sections 420, 464, 467, 468,
471, 34 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
2. The case of the prosecution, is that on dated 20.01.2026 the
informant Manish Shukla has lodged written first information report
before the station incharge of Police station Sakri District Bilaspur
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with the averment that the Akhilesh Pandey, Anurag Pandey, and
Abhishek pandey real brother in Law of informant Manish Shukla
though the said Akhilesh Pandey has been declared as a guardian of
the minor minor son Sourya Shukla aged 09 years, and daughter Ku.
Parinidhi Shukla aged 15 years, and Ku Pratibha Shukla aged 17
years, though after the death of mother namely Amita Pandey at her
matrimonial home when she received the burn injury and according
to property which Anita get from her original father side the said
property has been mutated in the name of her minor daughter and
sons through guardian Akhilesh pendey maternal uncle but and in
the B-I and khasra panchsala the name of the late Anita has been
rightly shown as Alive and some of the property acquire under the
land acquisition proceeding and amount of Rs 3,44138/ fixed deposit
memo has been duly provided and the same is with the informant
and some of the property due to the legal; necessity for the father
side of Late Amita has been transferred on 09.10.2023 and by way of
registered sale deed 11.09.2023 but in one registered sale deed by
mistake in some place name of the father of the minor children been
shown as Late have Manish Shukla and most probably the said
mistake has been committed by the document writer but the
informant Manish shukla has taken advantage of such document
and lodged the report that the applicants and other have fraudulently
declared himself as dead and submitted false affidavit and creating
false document and thereby fraudulently sold, the house No 04
constructed on khasra No.258 area 0.1500 hec land situated at
Village Sakri Patwari halka number 26/45 Tahsil Sakri District
Bilaspur Chhattisgarh recorded as joint share of his minor son
Sourya Shukla aged 09 years, and daughter Ku. Parinidhi Shukla
aged 15 years, and Ku Pratibha Shukla aged 17 years, which
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property inherited by said children from their maternal grand father
to their mother Late smt Amita Shukla, to another person on dated
09.10.2023. That his wife has been died on dated 04.04.2018. That
at present his children are residing along with him at Village
Hallahuli. That by acknowledging the registration of the said property
he has found out that he has been declared as dead and thereby on
his place the accused Akhilesh Pandey, Akhilesh Pandey and Anurag
Pandey have sold the said property and distributed the said
consideration amount among themselves and thereby mutated the
said property in the name of the purchaser which is against the
offence of the property of his children and himself. That by receiving
the first information report as submitted by the informant the
concerning Police of Police Station Sakri District Bilaspur state
Chhattisgarh has registered an offence under section 420, 464, 467,
468, 471, 34 of Bhartiya Nagrik Sanhita as registered against the
applicant. Hence, this bail application.
3. It is argued by the learned counsel for the applicant that the
applicant is innocent and has falsely been implicated in this case and
there is no criminal antecedents registered against the present
applicant. It is further submitted that co-accused have already been
granted anticipatory bail by this Court in MCRCA No.334 of 2026
vide order dated 02.03.2026 and the charge-sheet has been filed in
this case. The applicant is in jail since 20.01.2026 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 opposes the bail
application and submits that the charge-sheet has been filed in this
case.
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5. I have heard learned counsel for the parties and perused all of 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 co-accused have already been granted anticipatory bail by
this Court in MCRCA No.334 of 2026 vide order dated 02.03.2026
charge-sheet has been filed against the applicant, the applicant is in
jail since 20.01.2026 and conclusion of the trial is likely to take some
time, I am inclined to allow this application.
7. Let applicant, Akhilesh Kumar Pandey involved in Crime
No.59/2026, registered at Police Station – Sakri, District – Bilaspur
(C.G.) for the offence punishable under Sections 420, 464, 467, 468,
471, 34 of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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
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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.
8. Office is directed to send a certified copy of this order to the trial
Court concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Vaishali