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2025 DAILYLAW 19964 (CHH)

NAIMUDDIN FIRDOUSI v. STATE OF CHHATTISGARH

MCRCA/614/2025 · 2025-04-30

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1 2025:CGHC:19747 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 614 of 2025 1 - Naimuddin Firdousi S/o Late Sheikh Habibulla Aged About 74 Years R/o Deviganj Road, Thana And Tehshil Ambikapur District Sarguja, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Police Station, Ambikapur District Sarguja, Chhattisgarh ... Non-applicant For Applicant : Mr. Sandeep Singh, Advocate For State : Mr. Amit Verma, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/04/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.221/2025 registered at Police Station – Ambikapur, District-Sarguja for the offences punishable under Sections 318(4), 338, 336(3) and 340(2) of Bhartiya Nyay Sanhita 2023. 2 2. Case of the prosecution, in brief, is thatthe Collector, Ambikapur Sarguja had issued 911/Vacak-Collector/2024 Dated a Letter No. 27.09.2024 whereby it has been stated that during an investigation it was found by the Board of Revenue, Bilaspur that in revenuе one Pra.kra.R.N./16 R/A-6/272/2021 case No between party Naimuddin Firdousi S/o Late Sheikh Habibulla, residence Ambikapur, and the land situated at Village Mayapur, Tehshil Ambikapur, Khasra No. 136/9, Rakba 0.097 hectare there was a order Dated 20.10.2021 by the Board of Revenue however during the investigation it was found that the Order Dated 20.10.2021 was forged therefore the Collector, Ambikapur forwarded complainant of Board of Revenue, Bilaspur to the Tehshildar, Ambikapur and the Tehshildar made the complainant before the police authority. On the basis aforesaid complaint registered an offence Under Section 318(4), 338, 336 (3) & 340(2) of Bhartiya Nyaya Sanhita, 2023 has been registered against the present applicant and the other co- accused. Thereafter, investigation was initiated. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the applicant is aged about 74 years and he had no knowledge of revenue case filed before Board of Revenue, Bilaspur, He also submits that the co-accused namely Mohammad Iqbal also granted the anticipatory bail on 22.04.2025 in MCRCA No. 553 of 2025 by this Hon’ble Court investigation and trial are likely to take time, therefore, he 3 submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer and submits that there is no previous criminal antecedent against the present applicant but looking to the aforesaid offences he is not entitled for grant of anticipatory bail 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that and submits that there is no previous criminal antecedent against the present applicant and co-accused namely Mohammad Iqbal also granted the anticipatory bail on 22.04.2025 in MCRCA No. 553 of 2025 by this Hon’ble Court and looking to the age of the applicant, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Naimuddin Firdousi on executing a personal bond and 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 4 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 him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured 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