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2025 DAILYLAW 21987 (CHH)

BASIRUDDIN SIDDIQUI v. STATE OF CHHATTISGARH

MCRCA/717/2025 · 2025-05-12

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Judgment text

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{M.Cr.C.(A)717/2025} 2025:CGHC:22005 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 717 of 2025 Basiruddin Siddiqui, S/o Halkhori Mian, Aged about 70 years, R/o Rafi Ahmed Kidwai, No.40, Rasulpur, P.S. Ambikapur, District Surguja (C.G.) ... Applicant versus State of Chhattisgarh, Through Station House Officer, Police Station Kotwali, Ambikapur, District Surguja (C.G.) ... Non-applicant For Applicant : Mr. Shakti Raj Sinha, Advocate. For Non-applicant : Mr. Keshav Prasad Gupta, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13.05.2025 1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.596/2024, registered at Police Station Kotwali, Ambikapur, District Surguja (C.G.) for alleged commission of offence punishable under Sections 318(4), 338, 336(3) & 340(2) of the Bharatiya Nyay Sanhita, 2023. 2. As per the prosecution story in brief, the applicant with the criminal intent of getting tribal and government land registered in his name, had prepared a forged document, claiming it to be an order passed by the Board of Revenue, SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.05.14 13:09:26 +0530 {M.Cr.C.(A)717/2025} Bilaspur and presented a completely fake/forged order, and got the action for compliance of the said order got done from the Tahsildar, Ambikapur and this Court, and ultimately, on the basis of a written complaint made by the Tahsildar on the instructions of the Collector, a named FIR has been registered against the applicant. 3. Learned counsel for the applicant has argued that the applicant is completely innocent and further submitted that no single evidence has been collected by the prosecution which shows that the applicant is involved in the offence. He further submits that in similar nature of cases, since many cases have been registered on same facts, this Court has granted bail to other accused persons and therefore the applicant is entitled for grant of anticipatory bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant has committed the offence of forgery and therefore he 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 levelled against the applicant, and also considering that charge-sheet has not been filed and the matter is under investigation and further considering that bail has been granted to other co-accused persons in similar nature of cases, 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. Page 3 of 3 {M.Cr.C.(A)717/2025} 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Basiruddin Siddiqui 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. (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/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Soma