1 2025:CGHC:39282 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4135 of 2025 Mohammad Aarif S/o Shri Mohammad Sami Aged About 50 Years R/o Phool Chowk, Nayapara, P.S. Golbazar, Raipur, District - Raipur Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Police Station Tikrapara, District Raipur Chhattisgarh ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.140/2025 registered at Police Station Tikrapara, District Raipur (C.G.) for the offence punishable under Sections 336(3), 337, 338, 340(1) & 3(5) of BNS, 2023. [As per Charge-sheet]. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.07 20:34:08 +0530 2 2. Case of the prosecution, in brief, is that the Police of Police Station- Tikarapara during investigation in Crime No. 113/2025 U/s 111, 318(4), 338 & 340 BNS & Section 12(b) of Indian Passport Act, arrested one Mohd. Ismail, Shekh Sajana, & Shekh Akbar on 07.02.2025 which in relation to the illegal-migrants of Bangladesh residing illegally in India and enforcement of N.R.C (National Register of Citizens). In which Memorandum of Mohd. Ismail was recorded wherein he stated that, through Shekh Ali he got forged 5th Class's Marksheet from the "Satkar Computer Center, Kachahari Chowk Raipur", in which the applicant is manager. On the basis of same the FIR No.140/2025 was registered against the "Satkar Computer Center, Kachahari Chowk Raipur", through its Manager/Applicant. 3. Learned counsel for the applicant submits that the the applicant is innocent and he has been falsely implicated in this case by the police authorities and the applicant has no role to play in commission of the alleged offence, there is no legal material or evidence available on record constituting any offence as alleged by the prosecution. He would submit that the police have falsely implicated the applicant merely on the basis of memorandum of the accused Mohd. Ismail recorded in Crime No. 113/2025 registered in same Police Station and the investigating authorities have not brought anything on record which shows that it is the applicant who have forged the documents, found in possession of the Mohd. Ismail. He would submit that the applicant is in jail since 3 17/02/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that the applicant has no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, applicant has no criminal antecedents, charge sheet has been filed in this case, period of detention of the applicant since 17/02/2025 and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant-Mohammad Aarif, involved in Crime No.140/2025 registered at Police Station Tikrapara, District Raipur (C.G.) for the offence punishable under Sections 336(3), 337, 338, 340(1) & 3(5) of BNS, 2023, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of 4 liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri