1 2025:CGHC:51717 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6477 of 2025 Kamruddin Ansari S/o Late Mohiuddin Ansari Aged About 65 Years R/o Village Kundikala, Police Station And Tehsil Lundra, District : Surguja Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Chowki Bariyo, Station House Officer, Police Station Rajpur, District Balrampur-Ramanujganj, Chhattisgarh. ... Respondent For Applicant : Shri Manoj Paranjpe, Sr. Advocate along with Shri Anshul Tiwari, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/10/2025 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.168/2025 registered at Police Station – Police Chowki Bariyo, Station House Officer, Police Station Rajpur, District Balrampur- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.17 20:04:14 +0530 2 Ramanujganj, Chhattisgarh. for the offences punishable under Sections 318(4), 336(3), 338, 340(2), 61 read with section 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the case of the prosecution, in relation to the complaint received from one Virendra Gupta and other villagers of village panchayat Aara, Tehsil Rajpur, District Balrampur Ramanujganj against the applicant and other persons, alleging that they have misrepresented the government land Khasra no. 285, 395, 931/28, 889/13 area 0.04, 0.24, 0.95, 3.02 Acre, Khasra no. 878/35 area 1.30 acre, 878/36 rakba 1.31 acre, 878/38 area 1.43 acre, Khasra no. 899/20, 931/22, 931/42 area 2.73, 0.95, 1.29, 1.00 acer and Khasra no. 931/22, 931/27 area 0.26, 0.07 Acre of land in revenue records by committing fraud and by tampering the Adhikar Abhilekh of the year 1954-55 in name of applicant and other co-accused. On the said complaint, an enquiry committee was constituted to investigate the revenue records. The said committee has investigated the relevant revenue records and the entries made in Adhikar Abhilekh (record of rights). After investigation and perusal of the relevant documents such as the Surguja Settlement Record, Adhikar Abhilekh of the year 1954-55 and year wise Khasra, the committee has come to a conclusion that certain entries made in the Adhikar Abhilekh of the village Aara in the year 1954-55 are illegal. Thereafter, the investigation report was submitted to the Collector and the Collector on the basis of the said report vide order dated 18.06.2025 has directed to register the FIR against the present applicant and against the other co-accused. 3 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and the allegations in the FIR are baseless and unsupported by any evidence. The applicant was lawfully allotted land bearing Khasra No. 899/2 (Rakba 2.60 acres) and Khasra No. 899/22 (Rakba 2.70 acres) by the Tehsildar, Ambikapur, in the year 1978–1979 under the Singh Deo Scheme, and the relevant patta and revenue records are already on record. It is alleged that the applicant’s name was fraudulently entered in Khasra No. 899/20, but the applicant never possessed or used that land, nor did he take any steps to have his name entered therein. There is no document or material in the enquiry report to show that the applicant has manipulated or fraudulently recorded his name in the said khasra. He would submit that the Collector’s order dated 18.06.2025, directing registration of FIR, has been challenged by co- accused before the High Court and is pending consideration. He would submit that the applicant is in jail since 19/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. 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, submission of learned counsel for the parties, nature and gravity of offence, period of detention of the applicant since 19/07/2025 and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be 4 released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant-Kamruddin Ansari, involved in Crime No.168/2025 registered at Police Station – Police Chowki Bariyo, Station House Officer, Police Station Rajpur, District Balrampur-Ramanujganj, Chhattisgarh for the offences punishable under Sections 318(4), 336(3), 338, 340(2), 61 read with section 3(5) of Bharatiya Nyaya Sanhita, 2023, 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. 5 (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 and proceed against him in accordance with law. 8. 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 gouri