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2025 DAILYLAW 30253 (CHH)

MOHD. SAHJAD KHAN v. STATE OF CHHATTISGARH

MCRCA/940/2025 · 2025-06-30

Smt Rajani Dubey

body2025

Judgment text

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1 2025:CGHC:29419 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 940 of 2025 • Mohd. Sahjad Khan, S/o Mokim Khan, aged about 45 years, R/o village – Paithran Tosi, jagdishpur, District Bhojpur (Bihar) ... Applicant Versus • State of Chhattisgarh, through Station House Officer, P.S. - Balrampur, Dist. Balrampur-Ramanujganj (C.G.) ... Respondent For Applicant : Mr. Arun Kumar Shukla, Advocate. For Respondent : Mr. Ajay Pandey, G.A. Hon'ble Smt. Justice Rajani Dubey Order on Board 01.07.2025 Heard. 1. The accused/applicant has filed this First bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, who is apprehending his arrest in connection with Crime No. 115/2019 registered at Police Station- Balrampur, District- Balrampur- Ramanujganj (C.G.) for commission of the offence punishable 2 under Sections 468, 471 of IPC & Sec. 25(1A) , 25(1)(a) 25 (1AA) of Arms Act. 2. Allegation against the present applicant is that he is in association with other co-accused persons, prepared forged pistol license bearing No. 462/ADMR date 13.03.2009 and supplied the same to another co-accused Dhiraj Singh Dev for using it as genuine one. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. There is no direct or indirect evidence against the accused/applicant and no case is made out against the applicant regarding commission of offence as alleged. He also contended that the co-accused had obtained the license through an arms dealer. The license dated 13.03.2009 was issued to him by State of Jammu & Kashmir. The date in the license got extended and the co-accused purchased a pistol from Indian Ordinance Factory on 09.02.2018, regarding which he sent intimation to the licensing authority. Later on when the election came, he deposited the pistol in the police station and also license along with copy of the license granted to him. However, the police has got verified the license, which has found to be fake. The applicant was never conversant with the facts that this license was fake and he is not the person,and he is only falsely implicated as he is the father of the licensee arms dealer. Learned counsel further submits that vide order dated 09.08.2019 and 30.04.2025 co-accused persons namely Dhiraj Singh Dev in MCRCA No.1071/2019 and Mohd. 3 Munam in MCRCA No.578/2025 have been extended privilege of anticipatory bail by this Court, therefore, the present applicant may also be granted anticipatory bail on same set of evidence. 4. On the other hand, learned State counsel opposes the anticipatory bail application. 5. After hearing learned counsel for the parties and considering the facts and circumstances of the case, nature of allegation, quality of evidence against the applicant and further considering the fact that vide order dated 09.08.2019 and 30.04.2025 co-accused persons namely Dhiraj Singh Dev in MCRCA No.1071/2019 and Mohd. Munam in MCRCA No.578/2025 have been extended privilege of anticipatory bail by this Court, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the applicant. 6. Accordingly, the anticipatory bail application filed under Section 482 of the BNSS, 2023 is allowed. 7. It is directed that in the event of arrest of the applicant in connection with aforesaid crime number, he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one local surety for the like sum to the satisfaction of the concerned arresting/investigating officer or the court concerned, as the case may be, with the following terms and conditions: (i) He 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; 4 (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) He shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial; (iv) He shall not involve himself in any offence of similar nature in future. 8. The observations made in the course of this order are only for considering the case of the applicant on the application for grant of anticipatory bail. The concerned trial Court shall not be influenced or bound by any observations made herein above. Sd/- (Rajani Dubey) Judge pekde Digitally signed by VIJAY BHARATRAO PEKDE