1 2025:CGHC:21680 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 686 of 2025 Abdul Rajjaq S/o Late Gulam Rasul Aged About 68 Years Caste - Muslim, R/o Mohd. Rasulpur, P.S. And Tahsil- Ambikapur, District - Surguja (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station- Batauli, District - Surguja (C.G.) ... Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.05.2025 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. 100/2024 registered at Police Station – Batauli, District - Surguja, (C.G.) for the offences punishable under Sections 318(4), 338, 336(3) and 340(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the Court of the Tehsildar, Ambikapur, District Surguja, received Letter No. 913/Wachak RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Collector/2024 dated 27.09.2024 from the Collector, District Surguja, regarding the authenticity of an allegedly forged order dated 19.06.2024 purportedly issued by the Revenue Board, Chhattisgarh, Bilaspur, in Case No. M/Misc./16/R/B-121/52/2024, concerning land bearing Khasra No. 298, admeasuring 0.749 hectare. Upon examination of the original records, the Revenue Board found discrepancies and concluded that the order presented by the applicant, Abdul Rajjaq, was forged. Consequently, the Collector directed the Court of the Tehsildar to initiate legal action by registering an FIR against the applicant for presenting forged documents. In compliance with this directive, the Court of the Tehsildar requested the Station House Officer, Kotwali Police Station, Ambikapur, to register an FIR and take strict legal action against the applicant. Accordingly, offences under Sections 318(4), 338, 336(3), and 340(2) of the Bhartiya Nyay Sanhita, 2023, have been registered against the present applicant and the other co- accused. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He submits that the applicant is a victim, not an accused in the present case. He intended to purchase tribal land (Khasra No. 298, area 0.749 hectare, Village Jhargawan) from a tribal person, but due to legal restrictions, his father could not get the sale deed registered. The applicant later learned that by filing an application under Section 170(B) before the Sub-Divisional Magistrate, the land could be mutated in his name. During court visits, the applicant met co- 3 accused Dastgir Ansari, who claimed to have expertise in revenue matters and influence with authorities. He convinced the applicant to pay Rs. 5,00,000 in cash as legal fees, assuring favorable orders. The applicant had no knowledge of the case filed before the Revenue Board, Bilaspur, nor did he file any affidavit in that regard. Dastgir Ansari allegedly took the applicant’s signatures on blank papers, saying they were needed for filing a memo of appearance. It is further submitted that the applicant is a middle-aged man suffering from heart problems and has been advised angiography due to persistent chest pain. In identical cases (Crime Nos. 595/2024, 658/2024, and 659/2024), where Dastgir committed similar frauds against others, this Hon’ble Court has granted anticipatory bail. A copy of the bail order dated 22.04.2025 in MCRCA No. 553/2025 is annexed as Annexure A/2. Hence, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel, appearing for the non - applicant/State opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it appears that the applicant intended to purchase tribal land (Khasra No. 298, area 0.749 hectare, Village Jhargawan) from a tribal person, but due to 4 legal restrictions, his father could not get the sale deed registered, the applicant later learned that by filing an application under Section 170(B) before the Sub-Divisional Magistrate, the land could be mutated in his name, during court visits, the applicant met co- accused Dastgir Ansari, who claimed to have expertise in revenue matters and influence with authorities, he convinced the applicant to pay Rs. 5,00,000 in cash as legal fees, assuring favorable orders, further the applicant had no knowledge of the case filed before the Revenue Board, Bilaspur, nor did he file any affidavit in that regard, Dastgir Ansari allegedly took the applicant’s signatures on blank papers, saying they were needed for filing a memo of appearance, further the fact that the applicant is a middle-aged man suffering from heart problems and has been advised angiography due to persistent chest pain and in identical cases (Crime Nos. 595/2024, 658/2024, and 659/2024), where Dastgir committed similar frauds against others, this Hon’ble Court has granted anticipatory bail, a copy of the bail order dated 22.04.2025 in MCRCA No. 553/2025 is annexed as Annexure A/2, 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 – Abdul Rajjaq, 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 5 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 Rahul Dewangan