1 2025:CGHC:50453 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6878 of 2025 Abhay Sharma S/o Chhotelal Sharma Aged About 42 Years R/o Padumnagar, Bhilai-03, Charoda, District - Durg, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Mohan Nagar, Distt. Durg, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Ankush Borkar, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.10. 202 5 1. The applicant has preferred this Second 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. 219/2025, registered at Police Station – Mohan Nagar, District : Durg, (C.G.) for the offence punishable under Sections 318(4), 319(2), 336(3), 249(3), 61(B), 338 and 3(5) of Bharatiya Nyay Sanhita, 2023 and Section 3 of the Passport Act and Section 14 of Foreign Subject Act, 1946 Passport Act and Section 12 of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.10 14:18:43 +0530 2 Passport Act, 1967 (Entry in India) Section 03 of the Passport (Entry into India) Act, 1920. 2. Earlier first bail application of the applicant was dismissed as withdrawn on technical grounds by this Court vide order dated 08.08.2025. 3. The prosecution case, in brief, is that on 24.05.2025, police from Mohan Nagar Police Station received a tip-off that two suspicious Bangladeshi women were residing in Raipur and Durg-Bhilai under false identities, having forged Indian citizenship documents. During preliminary questioning, one of the women identified herself as Sapna Sharma alias Sapna Mandal, claiming to reside in a rented house in Changora Bhatha, Raipur, and to be a native of Badha Jotin, Jadavpur, West Bengal. She was served a notice under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and asked to produce proof of Indian citizenship. Upon further interrogation, she disclosed that her real name is Sanaya Noor, a native of Jobarhat, District Dinajpur, Bangladesh. She had illegally entered India approximately 15 years ago and was living without valid documents. Initially residing in Siliguri under the name Sapna Mandal, she later moved to West Bengal, where she met Abhay Kumar Sharma of Bhilai. Around eight years ago, they shifted to Raipur and began living together as husband and wife, though no legal marriage took place. She adopted the name Sapna Abhay Kumar Sharma. With Abhay Sharma’s assistance, she allegedly forged Indian identity documents in 2019, including: Aadhaar Card No. 667864801724 (dated 21.09.2019), PAN Card No. 3 MGWPS212E (dated 30.09.2019), Voter ID No. EPL3817616 (dated 27.09.2019), She also opened a savings account at Bank of Baroda, Sundar Nagar Branch, Raipur, under the same false identity (Account No. 45768100006606). Analysis of her mobile phone (No. 7225028988; IMEI Nos. 865260075081319 & 865260075081301) revealed frequent contact via IMO and internet calling with individuals in Bangladesh. Another phone (SIM No. 74007158971; IMEI Nos. 350778864050684 & 350778864050692) was also recovered. 4. Despite the notice, she failed to produce any valid documents such as educational certificates, residence proof, or evidence supporting her claim of Indian origin. She could not explain how the forged documents were created. Comprehensive investigation revealed that Sanaya Noor alias Sapna Mandal alias Sapna Abhay Kumar Sharma had been unlawfully residing in India by concealing her Bangladeshi nationality and using forged documents to falsely claim Indian citizenship. Similarly, another accused, Khushboo, was also found residing in India on the basis of fake Aadhaar and other forged documents. During investigation, she was found to have deleted data from her mobile phone. 5. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant had provided his documents such as Aadhaar Card, PAN Card, and Voter ID to Sumit Balani, who misused them. It is alleged that Sumit Balani, who is currently absconding, misused the applicant’s Aadhaar, PAN and Voter ID 4 cards, and that the applicant has been made an accused solely on the basis of his memorandum statement. He further submitted that the applicant has no previous criminal antecedents, the charge-sheet has been filed in this case and the applicant is in jail since 24.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 6. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. He further submits that the present applicant Abhay Sharma was aware that Sapna (also known as Sapna Mandal @ Sanaya Noor @ Sapna Sharma) was a Bangladeshi national. Using the name and documents provided by Abhay Sharma, Sapna was falsely shown as his wife and obtained forged Indian identity documents such as Aadhaar Card, PAN Card, and Voter ID in the name of Sapna Sharma / Sapna Abhay Kumar Sharma, thereby giving her a false Indian identity. It is further submits that Abhay Sharma and Shashi Upadhyay knew that Sapna @ Sapna Mandal @ Sanaya Noor @ Sapna Sharma and Khushboo Begum @ Rani Paswan were Bangladeshi nationals. Despite this knowledge, they deliberately concealed their true identities and assisted them in obtaining forged Indian identity documents, including Aadhaar, PAN, and Voter ID cards. Additionally, co- accused Shashi Upadhyay provided her residence in Jayanti Nagar, Durg to Sapna Sharma and Rani Paswan, where it is alleged that she was involved in operating a prostitution business, hence, the bail application of the applicant deserves to be rejected. 5 7. I have heard learned counsel for the parties and perused all of the documents available on record. 8. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant had provided his documents such as Aadhaar Card, PAN Card, and Voter ID to Sumit Balani, who misused them, and is currently absconding, misused the applicant’s Aadhaar, PAN and Voter ID cards, and that the applicant has been made an accused solely on the basis of his memorandum statement, further the applicant has no previous criminal antecedents, the charge-sheet has been filed in this case and the applicant is in jail since 24.05.2025, and the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 9. Accordingly, the bail application is allowed. Let applicant - Abhay Sharma, involved in Crime No. 219/2025, registered at Police Station – Mohan Nagar, District : Durg, (C.G.) for the offence punishable under Sections 318(4), 319(2), 336(3), 249(3), 61(B), 338 and 3(5) of Bharatiya Nyay Sanhita, 2023 and Section 3 of the Passport Act and Section 14 of Foreign Subject Act, 1946 Passport Act and Section 12 of Passport Act, 1967 (Entry in India) Section 03 of Passport (Entry into India) Act,1920, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the 6 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 applicant 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 applicant 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 with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant 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 applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such 7 default as abuse of liberty of bail and proceed against him in accordance with law. 10. 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 Preeti