1 2025:CGHC:51370 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8222 of 2025 Murtza S/o Late Saeed Ali Aged About 62 Years R/o Village Mayapur P.S. And Tehsil Ambikapur District- Surguja (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer P.S. Ambikapur District- Surguja (C.G.) ... Respondent(s) For Applicant(s) : Mr. Nishi Kant Sinha, Advocate. For Respondent(s) : Dr. Saurabh K. Pande, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 659/2024 registered at Police Station Ambikapur District- Surguja (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that an FIR was lodged by the Tahsildar, Ambikapur, alleging that a forged order dated 20.10.2021, purportedly passed by the Board of Revenue in Revenue Case No. RN/16/R/A-6/275/2021, was obtained by Mohd. Dastgir and Salim Javed and handed over to the applicant, who was the power of attorney holder of co-accused Smt. Meena Gupta. On the basis of this forged order, the name of Smt. Meena Gupta was mutated in the revenue records. It is further alleged that the applicant acted as a mediator between Meena Gupta and co- accused Mohd. Dastgir and Salim Javed, received money from Smt. Meena Gupta, and handed it over to Mohd. Dastgir and Salim Javed for managing the case before the Board of Revenue. Thereafter, Mohd. Dastgir handed over the forged order to Smt.Meena Gupta. Hence, the present offence. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the main accused in the present case is Mohd. Dastgir, to whom the applicant had given the power of attorney in respect of Smt. Meena Gupta, so far as Smt. Meena Gupta is concerned, she has been granted anticipatory bail by this Court vide order dated 02.04.2025 in MCRCA No. 451 of 2025. He also submits that Mohd. Dastgir has 40 criminal antecedents registered against him. The applicant is in jail since 11.08.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant, acting as power of attorney holder of co-accused Meena Gupta, allegedly mediated between Smt. Meena Gupta and co-accused Mohd. Dastgir and Salim Javed, received money from Smt. Meena Gupta and handed it over to the co-accused, and facilitated mutation of land records on the basis of a forged order of the Board of Revenue dated 20.10.2021. therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 11.08.2025, the fact that though the applicant acting as power of attorney holder of co-accused Meena Gupta, allegedly mediated between Smt. Meena Gupta and co-accused Mohd. Dastgir and Salim Javed, received money from Smt. Meena Gupta and handed it over to the co-accused, and facilitated mutation of land records on the basis of a forged order of the Board of Revenue, but considering the fact that present applicant has no criminal antecedent and the fact that co-accused, namely, Smt. Meena Gupta has already been granted anticipatory bail by this Court vide order dated 02.04.2025 in MCRCA No. 451 of 2025, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the application is allowed. 4 8. Let the Applicant-Murtza, involved in Crime No. 659/2024 registered at Police Station Ambikapur District- Surguja (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2) of BNS, 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 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 applicant 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 default as abuse of liberty of bail 5 and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil