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2025 DAILYLAW 13678 (CHH)

ISHRAR AHMAD v. STATE OF CHHATTISGARH

MCRCA/383/2025 · 2025-03-19

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Judgment text

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1 2025:CGHC:13138 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 383 of 2025 Ishrar Ahmad S/o Late Jahur Aged About 50 Years Occupation Business, Ex- Sadar Faizane Goshulbarra Committee, Nawagarh, Ambikapur, Police Station Kotwali, Ambikapur, District Sarguja (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Kotwali, Ambikapur, District – Surguja (C.G.) ... Non-applicant For Applicant : Mr. Hemant Kesharwani, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 19.03.2025 1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 812/2024, registered at Police Station – Kotwali, Ambikapur, District – Surguja (C.G.) for alleged commission of offence punishable under Sections 318(4), 338, 336(3), and 340(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. As per the prosecution story in brief, is that Nikhil Shrivastava Tehsildar lodged the report on dated 14.11.2024 alleging that the land bearing khasra No. 179/2 are 0.072 hectare Faizane Goshulbarra Committee, the Faizane Goshulbarra Committee is the owner of the said land, however, the name of the committee was not registered in the revenue record. The present applicant filed older dated 26.11.2010 passed by the Revenue RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Board before the Tehsildar, on the said order name of the committee has been recorded in the revenue record. In enquiry it is found that the order dated 26.11.2010 passed by the Board of Revenue was forged, on the basis of above report the order passed by Tehsildar has recall and report has been lodged to the Police against the applicant. Hence, this application. 3. The learned counsel for the applicant has argued that the applicant is completely innocent and further submitted that the Police registered the FIR alleging that the land bearing Khasra No. 179/2 area 0.072 hectare mutated in the name of committee on the basis of the forged order passed by the Board of Revenue, as per the FIR the said committee is beneficiary, the applicant is not a member of said committee, even the committee is unregistered under any Act. Hence, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that, it transpires that Nikhil Shrivastava Tehsildar lodged the report on dated 14.11.2024 alleging that the land bearing khasra No. 179/2 are 0.072 hectare Faizane Goshulbarra Committee, the Faizane Goshulbarra Committee is the owner of the said land, however, the name of the committee was not registered in the revenue record. The present applicant filed older dated 26.11.2010 passed by the Revenue Board before the Tehsildar, on the said order name of the committee has been recorded in the revenue record. In enquiry it is found that the order dated 26.11.2010 passed by the Board of Revenue was forged, on the basis of above report the order passed by Tehsildar has recall and report has been lodged to the Police against the 3 applicant. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of the records available, it transpires that Nikhil Shrivastava Tehsildar lodged the report on dated 14.11.2024 alleging that the land bearing khasra No. 179/2 are 0.072 hectare Faizane Goshulbarra Committee, the Faizane Goshulbarra Committee is the owner of the said land, however, the name of the committee was not registered in the revenue record. The present applicant filed older dated 26.11.2010 passed by the Revenue Board before the Tehsildar, on the said order name of the committee has been recorded in the revenue record. In enquiry it is found that the order dated 26.11.2010 passed by the Board of Revenue was forged, on the basis of above report the order passed by Tehsildar has recall and report has been lodged to the Police against the applicant, thus, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the Anticipatory Bail application of the applicant – Ishrar Ahmad, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 812/2024, registered at Police Station – Kotwali, Ambikapur, District – Surguja (C.G.) for alleged commission of offence punishable under Sections 318(4), 338, 336(3), and 340(2) of the BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar