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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1376 of 2025 Mohammed Farukh S/o Mohammed Ismile Aged About 42 Years R/o Plot No. 34, Near Nal Ghar Shamshan Marg, Sanjay Nagar Raipur, District Raipur C.G ... Applicant
versus State Of Chhattisgarh Through Station House Officer Police Station- Mujgahan, District Raipur C.G. ... Non-applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 09.09.2025
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. 96/2025 registered at Police Station – Mujgahan, District – Raipur (C.G.) for the offences punishable under Sections 318(4), 336(3), 338, 340(2), 61(2) & 3(5) of the BNS 2023. 2. As per the case of the prosecution that the complainant namely Minajuddin filed written complaint on 11/05/2025 alleging that the main accused of Sultana Begum, had filed a civil suit regarding the death of her husband Shahid Muneer thereafter Shahid Muneer was declared VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.10 11:57:35 +0530
2 / 4 civil death by the order of civil court. The co-accused Sultana Begum taking the advantage of this illegally prepared forged revenue documents and with the help of applicants and other co-accused persons mutated her name in the revenue records for the land situated at village Doma Khasra No. 216/7 part measuring 1120 hectares and on 16/08/2024 the co-accused Sultana Begum sold the property to third person and used the applicant as the witness to the sale deed therefore he has been arrayed as an accused. 3. The applicant has been falsely implicated in the present crime as te had no knowledge or involvement in the alleged offences, their only role being witnesses to the sale deed executed by the co-accused. Similarly situated co-accused have already been granted bail by this Hon’ble Court, and even in another connected case arising from the same property and involving the same complainant’s family, co- accused Sultana Begum has been enlarged on bail. The registration of multiple FIRs on the same issue by the same family members amounts to abuse of process of law.
No offence under Sections 318(4), 336(3), 338, 340(2), 61(2) & 3(5) of the BNS, 2023 is made out against the applicants, as they never prepared any forged documents and merely signed as witnesses in the registered sale deed. The dispute is essentially civil in nature relating to mutation and title, which has already been adjudicated before the Revenue and Civil Courts, and appropriate remedies exist in civil law. The applicants are permanent residents, have no criminal antecedents, and are willing to comply with all conditions imposed by this Hon’ble Court; hence he deserve to be released on bail. 3 / 4
4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and the fact that in the present matter the co-accused, namely Zeeshan Siddiqui and Abdul Junaid Siddiqui, have already been granted anticipatory bail by this Court in M.Cr.C.A. Nos. 1018/2025 and 1110/2025 vide orders dated 11.07.2025 and 25.07.2025 respectively, this Court is, therefore, inclined to grant anticipatory bail to the present applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mohammed Farukh, 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.
4 / 4 (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/- Sd/-
(Ramesh Sinha) CHIEF JUSTICE vaibhav