Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:29215
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 936 of 2025 • Dr. Vaibhav Jaiswal S/o Shri Suresh Kumar Jaiswal Aged About 48 Years Occupation Doctor R/o Siddharth Hospital Ramanujganj Road Ambikapur P.S. Ambikapur District - Surguja (C.G.)
... Applicant versus • State Of Chhattisgarh Through Station House Officer Police Station Kotwali Ambikapur District - Surguja (C.G.)
... Respondent (Cause title is taken from Case Information System ) For Applicant : Mr. Abhishek Sinha, Senior Advocate alongwith Mr. Shakti Raj Sinha, Advocate For Respondent/State : Dr. Sourabh Kumar Pandey, Dy.A.G. For Objector Mr. Chandresh Shrivastava, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 30.06.2025
1. This is first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.114/2025 registered at Police Station–Kotwali District- Ambikapur-Surguja (C.G.) for the offence punishable under Section 420, 467, 468, 120-B of IPC.
2. As per prosecution story, in brief, is that on 07.02.2025 passed in application under Section 156(3) of Cr.P.C. the police of police Station-Kotwali Ambikapur (C.G.) has registered the present offence VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA
2 alleging that the present applicant along with his father has got the land bearing Khasra No.1278/2 rakba 0.07 acre mutated in their name on the basis of a forged will deed of the grandfather of the complainant.
3. Learned counsel for the applicant submits that the applicant is doctor by profession and has got this land bearing Khasra No. 1278/2 rakba 0.07 acre in a family partition from his father in the year 2015. He also submits that the FIR has been lodged only to exert pressure and extort money from the present applicant. The complainant in connivance with the step brothers and sisters of the present applicant has lodged the FIR with ulterior motive as they have lost in civil suit no. A-71/2012, which was filed for declaration of title and partition. He also submits that the no offence against the present applicant is made out as he had no role to play as he has succeeded the property from his father in the year 2025, hence he prays for grant of anticipatory bail to the applicant.
4. On the other hand, learned State counsel as well as learned counsel for the Objector have opposed the prayer for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts & circumstances of the case, submissions of
learned counsel for the parties and nature of dispute and material available in case diary, considering the fact that applicant has got the land bearing Khasra No.1278/2 rakba 0.07 acre in a family partition from his father in the year 2015 and applicant has no previous criminal record, hence, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the
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7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant Dr. Vaibhav Jaiswal, 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) 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. (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He 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) He shall not involve himself in any offence of similar nature in future. sd/-
(Ramesh Sinha)
CHIEF JUSTICE vaishali