1 2025:CGHC:51716 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6552 of 2025 Mumtaj Ansari S/o Shri Sulemaan Ansari Aged About 35 Years R/o Village - Aara, Police Station And Tahsil - Rajpur, District Balrampur - Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through SHO Police Out Post - Bariyo, Police Station - Rajpur, District - Balrampur -Ramanujganj ( Chhattisgarh ) ... Respondent For Applicant : Shri Rishikant Mahobia, 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 – GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.17 20:04:14 +0530 2 Police Out Post - Bariyo, Police Station - Rajpur, District - Balrampur -Ramanujganj Chhattisgarh for the offences punishable under Sections 3(5), 318(4), 336(3), 338, 340(2), 61 of the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution case, the complainant Virendra Gupta alongwith Ajimuddin lodged a written complaint before the revenue authorities alleging manipulation of records relating to Khasra No. 931/28, area 0.283 hectares, situated in Village Aara, District Balrampur-Ramanujganj. Acting on the complaint, the Collector, Balrampur-Ramanujganj constituted a joint inquiry team, which after investigation submitted a report on 23.09.2024, stating that in the Adhikar Abhilekh of 1954–55, the name of Israil S/o Abbas was wrongly recorded in respect of Khasra Nos. 285, 395, 931/28, and 889/13 without any court order. On the basis of this report, the Collector passed an order on 18.06.2025, directing registration of an FIR against the present applicant and others, and ordered deletion of the alleged illegal entries from the revenue records. It is further alleged that one Trilochan, who was the recorded owner of Khasra No. 931/25 (area 0.809 hectares), sold 0.405 hectares of that land to Md. Mumtaj (present applicant) and others through a registered sale deed dated 26.12.2005, on the basis of which mutation was recorded as Khasra No. 931/42 on 29.04.2006. Subsequently, the applicant and co- purchasers sold the said property to Md. Ikbaal by a registered sale deed dated 27.09.2023. Thus, the FIR was registered alleging that the applicant, in collusion with others, manipulated revenue records and 3 benefited from illegal land transactions, pursuant to the Collector’s order dated 18.06.2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and the allegations of forgery in the Adhikar Abhilekh of 1954–55 are baseless and fabricated, as the applicant has no connection whatsoever with those old records. He would submit that the applicant is a bonafide purchaser of land bearing Khasra No. 931/25, which was recorded in the name of Trilochan S/o Jagdhari, and was purchased through a registered sale deed dated 26.12.2005 after due payment of consideration. He would submit that there is no evidence to show that the applicant has ever forged or manipulated any revenue record. The FIR has been registered only on the direction of the Collector dated 18.06.2025. He would submit that dispute is civil in nature, 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 released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the 4 Applicant-Mumtaj Ansari, involved in Crime No.168/2025 registered at Police Station – Police Out Post - Bariyo, Police Station - Rajpur, District - Balrampur -Ramanujganj Chhattisgarh for the offences punishable under Sections 3(5), 318(4), 336(3), 338, 340(2), 61 of the 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. (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 5 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