Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 451 of 2025 • Smt. Meena Gupta W/o Kanhaiya Prasad Gupta Aged About 54 Years R/o Mayapur, Gutrapara, Town And Post Ambikapur, District- Surguja (C.G.)
... Applicant versus • State Of Chhattisgarh Through Police Station- Ambikapur, District- Surguja (C.G.)
... Non-applicant For Applicant : Dr. Sudeep Agrawal, Advocate For Non- applicant/State : Mr. U.K.S. Chandel, Dy. A.G. Hon’ble Mr. Justice Ramesh Sinha, Chief Justice Order on Board 02/04/2025
1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 659/2024 registered at Police Station – Ambikapur, District – Surguja (C.G.) for the offence punishable
2 under Sections 318(4), 336(3), 338 & 340(2) of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that upon investigation it has been found that the orders passed by Board of Revenue have been fabricated and tampered and thereby constituting offences under Sections 318(4), 336(3), 338 & 340(2) of BNS, 2023 hence, he is also liable for action. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant being a lady is innocent and has been falsely implicated in this case. It is submitted that all in all 08 cases of forgery in the documents of Board of Revenue have been registered and, in one of which, being Crime No.660/2024, registered at Police Station Ambikapur, District Surguja (CG) for the identical offences, one of the co-accused, namely, Mohammad Farukh has been granted bail by order of this Court passed in MCRC-1566-2025, dated 19.03.2025. Learned counsel for the applicant by taking this Court to Para-06 of the said bail order dated 19.03.2025 vehemently argued that it is co-accused, namely, Mohammad Dastgir, who has prepared forged documents. Learned counsel by relying upon the document (Annexure-A/5 with the bail application) [at Page-34] further submits that in the instant crime, it was the co-accused, namely, Mohd. Dastgir and Mohd. Murtaja Ali, who have obtained money for the purpose of mutation. Therefore, he prays for grant of anticipatory bail to the applicant. 3
4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5.
I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that total 08 cases of forgery in the documents of Board of Revenue have been registered and, in one of which, being Crime No.660/2024, for the identical offences, co-accused, namely, Mohammad Farukh has already been granted bail by this Court and, this Court while passing the said bail order dated 19.03.2025 has observed that it is co-accused, namely, Mohammad Dastgir, who has prepared forged documents and, further, the co-accused, namely, Mohd. Dastgir and Mohd. Murtaja Ali have obtained money for the purpose of mutation in the instant, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ms. Meena Gupta on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:-
4 (a) The Applicant 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 her from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve herself in any offence of similar nature in future.
Sd/-
(Ramesh Sinha)
Chief Justice vaishali
VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.03 16:31:01 +0530