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2025 DAILYLAW 21339 (CHH)

ASHOK KUMAR AGRAWAL v. STATE OF CHHATTISGARH

MCRCA/664/2025 · 2025-05-06

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1 2025:CGHC:21086 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 664 of 2025 1 - Ashok Kumar Agrawal S/o Late Vedprakash Agrawal Aged About 70 Years R/o Village- Mayapur, Ps And Tehsil - Premnagar, District- Surajpur, C.G. ... Applicant versus 1 - State Of Chhattisgarh Through P.S. Kotwali, Ambikapur, District- Sarguja (C.G.) ... Non-applicant For Applicant : Mr. Manoj Paranjpe and Mr. Shobhit Koshta, Advocate For State : Mr. Sakib Ahmed, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/05/2025 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.656/2024 registered at Police Station – Ambikapur Kotwali, District-Surguja for the offences punishable under Sections 318(4), 336(3), 338, 340(2) of the BNS, 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.09 11:00:07 +0530 2 2. Case of the prosecution, in brief, is that the Tehsildar of Ambikapur wrote a letter to the Station House Officer of Police Station Ambikapur Kotwali, requesting the registration of the First Information Report (FIR) against the present applicant and two other accused persons. The Tehsildar had been instructed by the Collector Surguja to investigate the authenticity of four orders purportedly passed by the Board of Revenue in four separate matters, two of which were filed in the names of the present applicants. Upon investigation, it was discovered that the actual orders and the fabricated orders differed significantly, and it was concluded that the original orders had been tampered with, constituting a criminal offence. Consequently, the concerned police station registered an offence against the accused persons under Sections 318(4), 338, 336(3) and 340(2) of the Bhartiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He would submit that the the applicant is aged about 70 years old and allegations of cheating and forgery are not correct and no material has been collected by the prosecution to show that, the applicant has made any forgery and prepared the forged documents, He also submits that one Mohmmad Iqbal in different Crime No. 658 of 2024 in MCRCA No. 553 of 2025 vide order dated 22.04.2025 and one Meena Gupta who was the accused in Crime No. 659 of 2024 in MCRCA No. 451 of 2025 vide order dated 02.04.2025 also granted bail by this Hon’ble 3 Court, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer 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 the present applicant is aged about 70 years old man suffering from Schizphrenia disorder and allegations of cheating and forgery are not correct and no material has been collected from him one Mohmmad Iqbal in different Crime No. 658 of 2024 in MCRCA No. 553 of 2025 vide order dated 22.04.2025 and one Meena Gupta who was the accused in Crime No. 659 of 2024 in MCRCA No. 451 of 2025 vide order dated 02.04.2025 also granted bail by this Hon’ble Court, and 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 – Ashok Kumar Agrawal 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 4 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. (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