1 2025:CGHC:40839 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1235 of 2025 Bajrang Kori S/o Ram Avtar Kori Aged About 52 Years R/o Village- Nayapara, P.S.- Sirgitti, District- Bilaspur C.G. ... Applicant(s) versus State Of Chhattisgarh Through P.S.- Sirgitti, District- Bilaspur C.G. ... Respondent(s) For Applicant(s) : Mr. Achyut Tiwari, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.08.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.171/2025 registered at Police Station Sirgitti, District- Bilaspur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Prosecution case in brief is that the complainant, Rajesh Pandey (Patwari), lodged a report alleging that out of Khasra No. 675/3, an area measuring 258 square meters (2777 sq. ft.) was allotted as Mukhya-Mantri Abadi Patta to Ganesh Kumar Kori and the present applicant. It is alleged that Ganesh Kumar Kori and the present applicant approached co-accused Wasim Qureshi, who prepared a fake possession certificate, forged the complainant’s seal and signature, and, by using the forged document, obtained a loan of Rs.20,55,488/- from AU Small Finance Bank Ltd. by mortgaging the said land, which led to the registration of the alleged offence against the applicant. Hence, the anticipatory bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. He further submits that the co-accused, namely, Ganesh Kumar Kori and the main accused, namely, Wasim Qureshi have been granted regular bail by this Court vide orders dated 31.07.2025 and 12.08.2025 in MCRC Nos.6007 of 2025 and 6379 of 2025 and the case of the present applicant is better than that of the aforementioned co-accused persons. Furthermore, only on the basis of memorandum statement of the main accused, namely, Wasim Qureshi the name of present applicant has come into light and nothing has been recovered from the possession of the present applicant, hence he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant in collusion with other co-accused persons have allegedly prepared a fake possession certificate, forged the complainant’s seal and signature, and, by using the same, obtained a loan of Rs.20,55,488/- from AU Small Finance Bank Ltd. by mortgaging land, therefore, present applicant is not entitled for grant of 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, nature of dispute and material available in case diary, it prima facie appears that though the applicant in collusion with other co-accused persons have allegedly prepared a fake possession certificate, forged the complainant’s seal and signature, and, by using the same, obtained a loan of Rs.20,55,488/- from AU Small Finance Bank Ltd. by mortgaging land, but the main accused, namely, Wasim Qureshi, who prepared fake possession certificate and accused, namely, Ganesh Kumar Kori have already been granted regular bail by this Court vide orders dated 12.08.2025 and 31.07.2025 in MCRC Nos.6379 of 2025 and 6007 of 2025, further the case of present applicant is better than that of accused, namely, Wasim Qureshi, as such, without further commenting anything on merits, 4 this Court find it appropriate 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 - Bajrang Kori, 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 Akhil