1 2025:CGHC:35234 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1075 of 2025 Dhananjay Mandal S/o Late Vishwanath Mandal Aged About 37 Years R/o Village Ward No. 10, Sarkarpara, Ravindranagar, District Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Jainagar, District Surajpur (C.G.) ... Non-applicant For Applicant : Mr. Gyan Prakash Shukla, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 174/2025 registered at Police Station – Jainagar, (C.G.) for the offences punishable under Sections 420, 120(B) of the Indian Penal Code (for short IPC). 2. That, the applicant on the basis of power of attorney issued by the co- accused namely Dilip Das, has applied for the death certificate before the Tahsildar of deceased person namely Late Kanhailal (Grandfather of Dilip Das) and Late Sudhir Das (Father of Dilip Das). After the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.24 14:15:59 +0530 2 issuance of death certificate, one stranger namely Mahadev Mitra made the complaint before the Police Station Surajpur (C.G.) that, the applicant along with the other Jainagar District accused namely Dilip Das has fraudulently received the death certificate of the deceased namely Late Kanhailal (Grandfather of Dilip Das) and Late Sudhir Das (Father of Dilip Das). Hence, this bail application. 3. The present applicant is innocent and has been falsely implicated in the case. He is a relative of co-accused Dilip Das, whose grandfather, Late Kanahailal, had migrated from Bangladesh to Chhattisgarh and was allotted leasehold land under the refugee rehabilitation scheme. Due to pending revenue proceedings and the long distance between Kanker and Surajpur (approx. 550 km), Dilip Das executed a registered Power of Attorney dated 22.04.2024 in favour of the applicant, authorizing him to act on his behalf in legal matters. Relying on the said authority and relevant revenue documents, the applicant bonafidely submitted an application for the issuance of a death certificate in respect of Late Kanahailal, without any dishonest intention. The khasra details were properly verified, and the entire act was done in good faith. The applicant has no criminal antecedents, no direct or indirect involvement in any offence, and no evidence exists against him. His implication appears to be solely on account of his relation with the co- accused. He is a respected member of society, and his arrest would cause irreparable damage to his reputation. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, appearing for the non- applicant/State, opposes the bail application of the applicant 3 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, without further commenting anything on merits, I am inclined to grant anticipatory bail to the Applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Dhananjay Mandal, on executing a personal bond and 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 his adhaar card along with a coloured 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 vaibhav