1 2025:CGHC:48411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5502 of 2025 Faizan Khan S/o Shahid Khan Aged About 35 Years R/o Village- Bhojpur, P.S.- Fatehbad, District- Agra, (U.P) --- Applicant versus State Of Chhattisgarh Through Station House Officer Lalpur, District -Mungeli (C.G.) --- Non-applicants Along with MCRC No. 6987 of 2025 Pappu @ Prashant Rajput S/o Kalicharan Rajput Aged About 32 Years R/o Village Bhojpura Bag, Police Station Nibohra, District Agra (Uttar Pradesh) ---Applicant Versus State Of Chhattisgarh Through Station House Officer- Police Station Lalpur, District Mungeli C.G. --- Non-applicants Along with MCRC No. 6986 of 2025 Yogendra Kumar S/o Premshankar Baghel Aged About 29 Years R/o Village Sonsa, Post Parson, Police Station Bagwala, District Etah (Uttar Pradesh) ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Lalpur, District – Mungeli, C.G. ---- Non-applicants RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 For Applicants : Dr. Arpit Lall and Mr. Arham Siddiqui, Advocates. For Non-applicants/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.09.2025 1. The applicants has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 103/2025, registered at Police Station – Lalpur, District – Mungeli (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 06/06/2025, a memorandum from the office of Superintendent of Police, Mungeli was received through the District Magistrate Mungeli to send the character and physical verification investigation report of the candidate Vishal S/o Yashpal Singh, R/o- Village Kanteli, Police Station Lalpur, on which a letter was sent to the Police Station In-charge, Lalpur to do the character and physical verification. Upon investigation by the Police Station In-charge Lalpur regarding the applicant Vishal S/o Yashpal Singh, it was found on the basis of the statement of village Kotwar- Chitwan Das, Ashwani Kumar, Pawan Beldar, Vishal Singh, and Dr. Satyapal Singh that no person of the said name lives in village Kanteli, thereafter, on 06/06/2025, two persons came to office of Superintendent of Police, who claimed to the relative of Vishal Singh and introduced themselves as Yogendra S/o Prem shanker Baghel and Prashant Rajput S/o Mansingh, both resident of village Kanteli, and wanted information regarding 3 character verification of Vishal Singh, which seems to be suspicious, on further investigation by the Lalpur Police Station on the said complaint, it was found that the accused persons/applicants Pappu alias Prashant Rajput and Yogendra Kumar had fraudulently forged and used fake document and issued fake domicile certificates to Vishal Singh, which they presented as original document and obtained a job in 171-B.N. BSF and cheated the government. During investigation, accused Pappu alias Prashant Rajput was taken into the custody and his discloser statement was recorded, in which he had told that he along with accused/applicant Faizan, Janved prepared a fake documents and during investigation, on 22/06/25 Faizan was taken into custody and 03 fake Adhaar cards, 01 pen drive, 01 mobile, 01 railway ticket and various wooden seals was seized from the present applicants. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is no criminal antecedents registered against the present applicants. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 23.06.2025, 07.06.2025 and 07.06.2025, respectively, and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicants, and the charge-sheet has been filed in this case. It is further submitted that on 06/06/2025, a memorandum from the office of Superintendent of Police, Mungeli was received through the District Magistrate Mungeli to send the character and physical verification investigation report of the candidate Vishal S/o 4 Yashpal Singh, R/o- Village Kanteli, Police Station Lalpur, on which a letter was sent to the Police Station In-charge, Lalpur to do the character and physical verification. Upon investigation by the Police Station In- charge Lalpur regarding the applicant Vishal S/o Yashpal Singh, it was found on the basis of the statement of village Kotwar- Chitwan Das, Ashwani Kumar, Pawan Beldar, Vishal Singh, and Dr. Satyapal Singh that no person of the said name lives in village Kanteli, thereafter, on 06/06/2025, two persons came to office of Superintendent of Police, who claimed to the relative of Vishal Singh and introduced themselves as Yogendra S/o Prem shanker Baghel and Prashant Rajput S/o Mansingh, both resident of village Kanteli, and wanted information regarding character verification of Vishal Singh, which seems to be suspicious, on further investigation by the Lalpur Police Station on the said complaint, it was found that the accused persons/applicants Pappu alias Prashant Rajput and Yogendra Kumar had fraudulently forged and used fake document and issued fake domicile certificates to Vishal Singh, which they presented as original document and obtained a job in 171-B.N. BSF and cheated the government. During investigation, accused Pappu alias Prashant Rajput was taken into the custody and his discloser statement was recorded, in which he had told that he along with accused/applicant Faizan, Janved prepared a fake documents and during investigation, on 22/06/25 Faizan was taken into custody and 03 fake Adhaar cards, 01 pen drive, 01 mobile, 01 railway ticket and various wooden seals was seized from the present applicants, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 5 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that there is no any criminal antecedents registered against the present applicants, charge-sheet has been filed against the applicants, the applicants are in jail since 23.06.2025, 07.06.2025 and 07.06.2025, respectively, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Faizan Khan, Pappu @ Prashant Rajput and Yogendra Kumar, involved in Crime No. 103/2025, registered at Police Station – Lalpur, District – Mungeli (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the BNS, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants 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 applicants 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 applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance 6 with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar