1 2025:CGHC:54957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7932 of 2025 1 - Sathi Khatoon @ Sathi Sheikh @ Soniya Sheikh D/o Mohammad Jamsher Sardar Aged About 30 Years R/o C/o Imam Sheikh, Sheikhpara, North Budhkhali, Golabari, West Bengal. 2 - Mohmmad Raub Hussain @ Mohammad Ali Sheikh Aged About 48 Years R/o C/o Imam Sheikh, Sheikhpara, North Budhkhali, Golabari, West Bengal. ... Applicants versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- Chhawani, District Durg C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Punit Ruparel, Advocate For Respondent/State : Mr. Jitendra Shrivastava, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.11.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.275/2025, registered at Police Station – Chhawani, District – Durg (C.G.) for the offence punishable under Sections 318(4), 319(1), 338, 336(3), 340(2), 212, 249, 3(5) of BNS and Section 12 of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.13 11:34:37 +0530 2 Indian Passport Act 1967 and Section 14(1) Foreigners Act, 1946. 2. The case of the prosecution, on 03.06.2025 in Camp -2 Near Chhoti Mazid infront Aman Lakdi Taal in name of Rohan Dahiya, two persons one male and one female approach for house on rent, the prosecution is alleged that they are the residence of Bangladesh and by creating false and fabricated documents they are residing in the house of Rohan Dahiya (one of the accused) when this information is received to the police they approach the house of Rohan Dahiya and interrogate them, they have stated they are the resident of India in the aforesaid address thereafter police is given notice under Section 94 of BNSS to the applicants, to produce the document with regard to the citizen ship of India and also recorded the independent witnesses memorandum, the police is alleged that interrogation they applicants are admitted they are resident of Bangladesh as mentioned in rejection order and last two year they are residing at Village Budhkhali Jolabari they have also produced Aadhar Card bearing No. 74194016211, Voter ID Card 44C3107885, PAN Card bearing No. APKPA9060R, Kotak Mahendra Credit Card No. 356115680-252166 Camp-2 Bhilai District Durg (C.G.) earlier they have resided at Bangalore for year 2020- 21 and working as a mission their and last 5-6 months they are residing at village, the applicant No. 2 is perform marriage with Budhkhali Jolabari, it is further alleged that applicant no. 2 is having mobile number of creating 9933596784 of real me model RX3998 IMPI ΝΟ. 860817073874097 and by this mobile through whatsap and internet calling the applicants are in contact with their friends and relative who are resided in Bangladesh, the police while check in whose name this mobile is issue then came to know that the Bangladesi Passport 3 No. AB1049724 in the name of Mohammad Abdul Raub Hussain is mention. In the same way the applicant no. 1 also having Aadhar Card No. 223750465653 which shown the resident of South 24 Pargana, PAN Card No. SGEP58632C, SBI Account No. 42681826631 and she is also having mobile No. 9679949248 from which she is contact with her friend and relative of Bangladesh upon such allegation the police arrested the applicant in crime and after due investigation the charge sheet filed before the competent court of law. The applicants are applied for regulation bail before the Hon'ble Court same was rejected. Hence this bail application before the Hon'ble Court. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there is no criminal antecedents registered against the present applicants. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 03.06.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that in compliance of the order dated 08.10.2025 passed by this Court, the Investigation Officer has filed his personal affidavit, which read as under: 1. It is respectfully submitted by the deponent that the brief facts of the case are that on 03.06.2025, on receiving information that two suspected Bangladeshi male and female citizens were living as tenants in the 4 house of Roman Dahiya situated in front of Aman Lakdi Tal near Camp-2 Choti Masjid, hiding their Bangladeshi citizenship identity and preparing fake and forged documents of Indian citizenship. After receiving of the said information, the police along with staff proceeded to the spot for verification and both the suspected Bangladeshi male and female were caught and interrogated. 2. It is most humbly submitted that the suspected Bangladeshi citizens are Mohammad Sheikh Ali @ Abdur Rob Hussain, S/o.- Abdur Sattar Khadokar, aged about 48 years, R/o.- village Rajdia, Post Jharidapota 7432 Jhikargada, District Jessore, Bangladesh and Sathi Khatun @Sathi Sheikh @ Sonia Sheikh, father Mohd Jamshed Sardar, age about 30 years, R/o.- Sandesharwali, Jolabari, District South, 24 Parganas, West Bengal 743329, originally resident of Nirbas Khula, Bhatikumara, Jhinkargada District Jelsor, Bangladesh. Upon the inquiry they declared themselves to be a citizen of India. 3. It is further submitted that after the necessary proceeding a notice U/s 94 of B.N.S.S. were duly served to the applicants for producing legal and valid documents in relation to being Indian citizens. Thereafter memorandum statement of Mohammad Sheikh Jali @ Abdur Raub Husain was recorded in which who has clearly stated that he is originally Bangladeshi and his date of birth 15.03.1977, and his native village Rajdia Post Jharidapota 7432 Jhikargada, district Jessore, Bangladesh. The applicant/accused further stated that he in the year 2012 he crossed the India-Bangladesh international border illegally near Govindpur district North 24 Parganas and stayed at Hussain Sheikh's place in village Budhakhali Jolabari in South 24 Parganas for last 02 years. Apart from this, memorandum statement of another accused/applicant Sonia Shekh @ Sathi 5 Khatun was recorded in which she has categorically admitted that she is permanent residence of Nirbasvkhula, Jhikargachchha, Matikumra 7432 Jeshore Bangladesh and in the year 2014 she was illegally crossed the India-Bangladesh international border without having legal or valid license. Thereafter she was working as labour in Mumbai & Banglore. Copy of the memorandum statement of Mohammad Sheikh Jali @ Abdur Raub Husain alongwith memorandum statement of Sonia Shekh @Sathi Khatun are collectively annexed & marked as ANNEXURE R/1. 4. It is further submitted that on the basis of memorandum statement of applicant Mohammad Sheikh Jali @ Abdur Raub Husain, a Real Me mobile, copy of passport of Bangladesh, Voter I.D. Card of Bangladesh, birth registration certificate. Aadhar Card, PAN Card, Election voter ID card and others articles. Further at the instance of owner of the rented house namely Rohan Kumar Dahiya, copy of rent agreement. Further at the instance of another accused Sonia Shekh @ Sathi Khatun Sathi Khatun, mobile phone of OPPO alongwith two SIM, copy of passport from the glary of mobile phone, National ID Card of Bangladesh which the name of accused is mentioned as Shathy Khatun, a birth certificate, Indian Pan Card and a SBI ATM Card, Aadhar Card, passbook, coloured copy of certificate of Bangladeshi Citizenship, coloured copy of online application for passport, passport copy of applicant/accused which contain accused name as MST. Shathy Khatun D.O.B. 03/08/1995. Copy of seizure memos are collectively filed herewith as ANNEXURE R/2. 5. It is further respectfully submitted that the deponent has the highest regard and respect for the lawful authority of this Hon'ble Court as well as its orders and directions issued from time to time and is duty bound to adhere to and abide by the orders. 6 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants, submissions made by learned counsel for the parties and the fact that applicants have failed to produce any valid documents to establish their citizenship, charge-sheet has been filed against the applicants, this Court is of the view that it is not a fit case to release the applicant on bail. 7. Let applicants, Sathi Khatoon @ Sathi Sheikh and Mohammad Raud Hussain @ Mohammad Ali Sheikh, involved in Crime No. 275/2025, registered at Police Station – Chhawani, District – Durg (C.G.) for the offence punishable under Sections 318(4), 319(1), 338, 336(3), 340(2), 212, 249, 3(5) of BNS and Section 12 of Indian Passport Act 1967 and Section 14(1) Foreigners Act, 1946 is rejected at this stage. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 9. 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 vaishali