1 2025:CGHC:5841 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 167 of 2025 Rakesh Kumar Mistry S/o Amal Chand Mistry Aged About 35 Years R/o Madanpur P.S. Jainagar Tehsil Latori, District Surajpur (Chhattisgarh) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Jainagar, District Surajpur (Chhattisgarh) ... Non-applicant(s) For Applicant(s) : Mr. Shakti Raj Sinha, Advocate For Non-applicant(s) : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.01.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending their arrest in connection with Crime No. 09/2025 registered at Police Station – Jainagar, District- Surajpur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 3(5) of the BNS. 2. Prosecution case in brief is that co-accused Saurabh Tiwari had KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 purchased the land Khasra No. 350/2 and 350/1 through a registered sale deed and applicant was the witness of the same sale deed, while Saurabh Tiwari has expressed himself to be the bona fide purchaser of the land concerned, and the police has lodged a First Information Report against him on false grounds, accusing him of getting the land registered by forging/fake signatures on some of the land documents, and expressing his no involvement in the alleged crime, both of them have requested for the benefit of anticipatory bail. Hence this bail application. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the aforesaid case, he is innocent and has not committed any offence. He further submits that the present applicant has neither committed nor participated in any such act which may amount to any of the offences mentioned above. The co- accused is a bona fide purchaser of the land in question (Khasra No. 350/1 and 350/2) through a valid and registered sale deed. The FIR has been lodged on false grounds, accusing the applicant of forgery and tampering with government records without any concrete evidence. The applicant have no prior criminal history, and the allegations are based on assumptions rather than facts. The sale deed is duly registered as per the law, and there is no direct evidence linking the applicant to the alleged forgery of documents. The applicant has nowhere shown to have forged ог tampered with any government records or documents. Hence, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, opposes the prayer for 3 grant of anticipatory bail to the applicant and also the submissions made by learned counsel for the applicant. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, also considering the fact that there is no direct evidence linking the applicant to the alleged forgery of documents and the applicant has nowhere shown to have forged ог tampered with any government records or documents as such, without further commenting anything on merits, this Court deems it fit to grant benefit of anticipatory bail to the Applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rakesh Kumar Mistry, on executing a personal bond with one local surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) He should not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) He should not act in any manner which will be prejudicial to fair and expeditious trial. (c) He should appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The Applicant and the sureties shall submit a copy of their adhaar card alongwith a colored postcard full size 4 photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal