1 2025:CGHC:16459 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 486 of 2025 • Laxminath Lodhi @ Laxminath Verma S/ O Shri Nakul Nath @ Nakul Verma Aged About 43 Years R/ O Village Jom, Ward No. 2, Post Budeli, Tahsil Gandai, (Wrongly Mentioned As Tahsil Chhuikhadan In Rejection Oder) Distt. Khairagarh- Chhuikhadan-Gandai (C.G.) ... Applicant versus • State of Chhattisgarh Through P.S. Gandai Tahsil Gandai (Wrongly Mentioned As Tahsil Khairagarh In Rejection Order) Distt. Khairagarh-Chhuikhadan-Gandai (C.G.) ... Non-applicant For Applicant : Mr. Rajnish Singh Baghel, Advocate For Non- applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/04/2025 1. Proccedings of this matter have been taken through video conferencing. 2. 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. 66/2025 registered at Police Station – Gandai, District – Khairagarh-Chhuikhadan-Gandai (C.G.) for the 2 offence punishable under Sections 420, 467, 468, 471 of the Indian Penal Code (IPC). 3. The prosecution story, in brief, is that son of applicant namely Pramod Lodhi has committed an accident with the complainant Ankalhu Ram on which case at Crime No. 41/2023 under Sections 279, 337, 338 of IPC and Under Sections 3/181, 4/181, 5/180, 130(3)/177, 146/196 of M.V. Act has been registered against the Pramod who was driver of the motor bike. In Crime No. 41 of 2023 of P.S. Gandai, birth certificate of Pramod Lodhi issued by Prescriber Registrar births and deaths PHC Bundeli mentioning the date as 27.12.2005 was seized from the present applicant he being the father and final report has been submitted before the Juvenile Justice Board, Rajnandgaon as the Pramod Lodhi was found to be minor. This birth certificate has been alleged to be forged and fabricated by applicant to give benefit to his son Pramod Lodhi, Hence, this application. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted by learned counsel for the applicant that due to previous animosity the present complaint has been lodged to exact revenge on the applicant after he was acquitted. He further submits that the applicant has produced the date of birth certificate issued on 21.10.2023 by the competent authority as such he cannot be accused of committing forgery or fabrication regarding issuance of birth certificate. Out of 3 previous animosity the complainant has made the complaint to fleece the applicant with money in claim case. Therefore, he prays for grant of anticipatory bail to the applicant. 5. 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. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. 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 the applicant was acquitted in S.T. No. 34 of 2020, 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. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Laxminath Lodhi @ Laxminath Verma 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:- (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 him 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. 4 (c) The Applicant shall appear before the trial Court on each and every date given to him 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.14 14:07:36 +0530