1 2025:CGHC:39284 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4788 of 2025 Ajay Verma S/o Late Mangal Prasad Verma Aged About 42 Years R/o Village - Ghoghadi, House No.-81, Near Khadapati Temple, Post - Kunda, District - Chhindwara (M.P.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Civil Line, Raipur, District - Raipur (C.G.) ... Respondent For Applicant : Smt. Fouzia Mirza, Sr. Advocate with Shri Ali Afzaal Mirza, Advocate. For Respondent/State : Shri Nitansh Jaiswal, 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.535/2019 registered at Police Station Civil Line, Raipur, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.07 20:30:08 +0530 2 Raipur (C.G.) for the offence punishable under Sections 417, 419, 465, 467, 468, 469, 471, 34 of IPC (As per Final Report). 2. Case of the prosecution, in brief, is that Shri Surendra Kumar Jaiswal, Secretary to her excellency the Governor of Chhattisgarh State, namely Ms. Anusuiya Uike lodged a written First Information on 22.08.2019, in police station Civil Line, Raipur (C.G.), of which sum and substance was that her excellency Ms. Anusuiya Uike took oath as Governor of Chhattisgarh State on 29.07.2019, and before taking said oath she was holding post of Vice Chairperson of National Scheduled Tribe Commission, Government of India. The letter pad of Ms. Anusuiya Uike, when she was holding the said post of vice Chairperson, was misused by unknown person and a letter with fake contents and forged signature of Ms. Anusuiya Uike was written and addressed to Shri Vinay Kumar Bhagat, MLA of Chhattisgarh Vidhan Sabha. The letter was written with intent to defame the image of her excellency the Governor of Chhattisgarh State namely Ms. Anusuiya Uike and to put under dispute the post which she was holding. The FIR was registered against unknown person as crime no. 535/2019, in police station Civil Line Raipur (C.G.), u/s 417, 419, 465, 467, 468, 469, 471 of Indian Penal Code. Subsequently offence under section 34 of IPC added. During investigation, the evidences were collected and according to police, it traced Ajay Verma and Geetesh Paradkar as authors of the offences. 3. Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this case. She would submit that on 26.03.2019 the applicant had made a written 3 complaint against Jitendra Solanki, who was the private Assistant of her excellency the Governor, before the Sub-Divisional Officer and Police Station Incharge Sounsar, District Chhindwada (M.P.), after which in a conspiracy to take revenge from the applicant, Jitendra Solanki taking undue advantages of his contacts in the political and industrial department has falsely implicated the applicant in the present case by showing his involvement. She would submit that FIR in the present case has been lodged after two months from the date of incident. She would submit that there is no occasion or reason for posting the letter in the name of the Hon'ble Governor by the present applicant as he would not be getting any benefit from tarnishing the image of the Hon'ble Governor, as he is appointed as Pithadhish by Maharaja of Nagpur Raje Raghuji Raje Bhosle of Shri Kshetra Ramtek Prabhu Ramchandra Mandir and after his appointment he is working at Akhil Bhartiya Shri Panch Digamber Ani Akhada and is doing all the religious practices there. She would submit that the police Station Civil Lines Raipur has no jurisdiction to investigate the matter as the whole incident took place as per the case of the prosecution at Chhindwada Maharashtra. The alleged letters have been posted from Chhindwada and the letter pads which have been used and the envelope has been returned back to Chhindwada and none of the letters have been received at Raipur for having the jurisdiction to investigate the matter by the police at Raipur jurisdiction. She would submit that the applicant is in jail since 28/04/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. 4 He would submit that charge sheet has been filed in this case before the competent court and applicant is resident of Madhya Pradesh. 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, submissions of learned counsel for the parties, nature of allegation levelled against the applicant, charge sheet has been filed, period of detention of the applicant since 28/04/2025 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-Ajay Verma, involved in Crime No.535/2019 registered at Police Station Civil Line, Raipur, District Raipur (C.G.) for the offence punishable under Sections 417, 419, 465, 467, 468, 469, 471, 34 of IPC, be released on bail on his furnishing a personal bond with local 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 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 5 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