1 2025:CGHC:59270 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8317 of 2025 1. Smt. Jyoti Rasel Sheikh @ Shahida Khatun W/o Md. Rasel Sheikh Aged About 34 Years R/o Contractor Colony, Near Tridarshan Temple, Panch Rasta, Supela Bhilai, Tahsil And District Durg (C.G.) 2. Md. Rasel Sheikh S/o Fakir Aged About 35 Years R/o Contractor Colony, Near Tridarshan Temple, Panch Rasta, Supela Bhilai, Tahsil And District Durg (C.G.) ... Applicants versus State of Chhattisgarh Through Police Station Supela Bhilai, District Durg C.G. ... Non-applicant For Applicants : Mr. Rajendra Kumar Patel, Advocate. For Non-Applicant : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.12.2025 1. This is the 8rst bail application 8led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 571/2025 registered at Police Station Supela, Bhilai, District - Durg (C.G.), for the o<ence punishable under Section 318(4), 319(2), 336(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 14A of the Foreigners Act, 1946 and Section 3 of the Passport (Entry into India) Act1920, Section 61(2) of the Bhartiya Nyaya Sanhita. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.09 11:07:15 +0530 2 2. Prosecution story in brief is that on 16.05.2025, information was received from an informant that at Durga’s house in Contractor Colony, Panch Rasta, Supela, the applicants/accused, who are husband and wife and Bangladeshi nationals, were residing in India by fraudulently concealing their original Bangladeshi citizenship. The applicants/accused, while hiding their true identity, were allegedly residing unlawfully in India without any valid documents/visa, and in order to falsely establish themselves as Indian citizens, they deceitfully prepared forged documents such as Aadhaar card, PAN card, voter identity card, bank passbook, etc. It was found that the applicants/accused had entered India illegally, without any valid documents, visa or passport, and thereafter prepared forged documents and misused them. Accordingly, an o<ence was registered against the applicants/accused at Police Station Supela under the relevant crime number and penal provisions. The applicants/accused were arrested, and after completion of investigation, a charge-sheet has been 8led. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He submits that the applicants/accused have no connection whatsoever with the alleged o<ence. A false case has been deliberately registered against them as part of a conspiracy. He further submits that the applicants/accused have been in custody since 17.05.2025. The charge-sheet has already been 8led in the case, and there is a likelihood of delay in the trial. In the year 2020, a case related to the alleged o<ence was previously registered against the applicants/accused, due to which they were unable to leave India. That case is still pending before the learned subordinate Court, in which the applicants were granted regular bail by the Hon’ble Court. Now, the present case has again been registered for the very same alleged 3 o<ence. He also submits that the present applicants are in jail since 17.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State Counsel appearing for the State/non- applicant opposes the bail application and submits that in the present case charge-sheet has been 8led before the competent Court. He submits that in compliance of this Court’s order dated 16.10.2025, the concerned Superintendent of Police submitted an aDdavit stated that on 16.05.2025, an informant reported that the present accused applicants, Bangladeshi nationals and husband and wife, were residing at Contractor Colony, Panch Rasta, Supela by concealing their true identity. It was found that they had entered India illegally without any valid passport or visa and were living here on the basis of forged documents, including Aadhaar cards, PAN cards, voter ID cards and a bank passbook. These documents, along with three mobile phones, were seized, and a case was registered at Police Station Supela, Bhilai. During investigation, two Aadhaar cards, one issued at Mumbai and another at Supela, were recovered, and veri8cation requests were sent to Hyderabad and Mumbai, reports of which are awaited. The District Election ODcer, Durg con8rmed that the voter ID was issued on the basis of the Aadhaar card, and SBI reported that the bank account was opened using the same Aadhaar card. Cyber Cell and FSL examinations of the seized mobile phones are pending. The Patwari map report was obtained, and the Municipal Corporation Bhilai con8rmed that the accused applicants possess no immovable property. Therefore, looking to the nature of the o<ence, the bail application of the present applicants are liable to be dismissed. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and in compliance with this Court’s order dated 16.10.2025, the concerned Superintendent of Police submitted an aDdavit stating that on 16.05.2025 an informant reported that the present accused applicants, who are Bangladeshi nationals and husband and wife were residing at Contractor Colony, Panch Rasta, Supela, while concealing their true identities. It was found that they had entered India illegally without valid passports or visas and were residing on the basis of forged documents, including Aadhaar cards, PAN cards, voter ID cards, and a bank passbook. These documents, along with three mobile phones, were seized, and a case was registered at Police Station Supela, Bhilai. During investigation, two Aadhaar cards, one issued in Mumbai and the other in Supela were recovered, and veri8cation requests were sent to Hyderabad and Mumbai, reports of which are awaited. The District Election ODcer, Durg, con8rmed that the voter ID card was issued on the basis of the Aadhaar card, and SBI reported that the bank account was opened using the same Aadhaar card. Cyber Cell and FSL examinations of the seized mobile phones are still pending. The Patwari map report was obtained, and the Municipal Corporation, Bhilai, con8rmed that the applicants possess no immovable property. In view of the nature and seriousness of the alleged o<ences, this Court is of the considered opinion that this is not a 8t case for granting regular bail. Accordingly, the bail application of the applicants are liable to be dismissed. 7. Accordingly, the bail application of the applicants – Smt. Jyoti Rasel Sheikh @ Shahida Khatun and Md. Rasel Sheikh, involved in Crime No. 571/2025 registered at Police Station Supela, Bhilai, District - Durg (C.G.), for the o<ence punishable under Section 318(4), 319(2), 336(3), 5 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 14A of the Foreigners Act, 1946 and Section 3 of the Passport (Entry into India) Act1920, Section 61(2) of the Bhartiya Nyaya Sanhita, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. ODce is directed to send a certi8ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek