1 2025:CGHC:6872 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 203 of 2025 1 - Mohd. Taskin S/o Late Shri Gaffoor Aged About 47 Years R/o House No. 57-B, Maitri Vihar Kohka, Tahsil And Distt.- Durg (Chhattisgarh) 2 - Smt. Parveen Begum W/o Shri Mohd. Taskin Aged About 42 Years R/o House No. 57-B, Maitri Vihar Kohka, Tahsil And Distt.- Durg (Chhattisgarh) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- City Kotwali Durg, Distt.- Durg (Chhattisgarh) ... Non-Applicant(s) For Applicant(s) : Mr. Sunil Sahu, Advocate. For Non-Applicant(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.02.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 been filed by the applicants, who are apprehending their arrest in connection with Crime No.42/2025 registered at Police Station City Kotwali Durg, Distt.- Durg (C.G.) for the offence punishable under Section 420/34 of the IPC. 2. Prosecution case in brief is that an application was filed by Purushottam Lal Gosai against the applicants, including Charan Lal and four others, under Section 156(3) of the Code of Criminal Procedure. Based on the order dated 10.12.2024, passed by Shri Ravi Kumar Mahobia, Judicial Magistrate First Class, Durg, a crime was registered against the accused. A fake person impersonated Charanlal Gosai, who is deceased, and executed a forged deed of gift on 22.03.2023, with Nikhil Kumar falsely claiming to be Charanlal's son. Lakshminarayan Maratha and Atul Gupta identified the fake Charanlal Gosai and Nikhil Kumar, and it is alleged that Moh Taskeen and Parveen Begum were also involved in the execution of the forged document. Thereafter the offence has been registered against the applicants and other co- accused persons. 3. Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated in the present case. He further submits that the complainant submitted a report to the police on 16.10.2024, and subsequently filed a civil suit for declaration and injunction on 04.11.2024. After the application for demarcation was dismissed, the complainant filed 3 an application under Section 156(3) of the Code of Criminal Procedure on 19.11.2024. The learned Magistrate directed the registration of a First Information Report (FIR) on 10.12.2024, without seeking any report or prativedan from the concerned police station. He also submits that the applicants are not beneficiary of the gift deed, nor they have signed the gift deed as attesting witness, further they do not have any knowledge about execution of the gift deed, merely obtaining the certified copy from the office of Deputy Registrar and filing the said certified coy before the revenue authority. He later submits that the dispute raised by the complainant is essentially a civil matter, as evidenced by the fact that the complainant had previously approached the Tahsildar court for demarcation of their land. After the application for demarcation was rejected, the complainant filed a civil suit for declaration and permanent injunction regarding the land in question, specifically Khasra no. 142/2. The applicants had no involvement with the land in question and that the complainant had wrongly obtained a stay order preventing the construction of a house on the land. In response, the applicants obtained documents related to the land, which is recorded in the name of Nikhil Kumar, and submitted these documents to the Tahsildar court, hence he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicants 4 alongwith other co-accused persons involved in a case of execution of forged deed of gift on 22.03.2023 by impersonating a fake person in place of Charanlal Gosai, who is deceased, therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and the fact that though the applicants alongwith other co-accused persons involved in a case of execution of forged deed of gift on 22.03.2023 by impersonating a fake person in place of Charanlal Gosai, who is deceased, but applicants have no criminal antecedents, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants - Mohd. Taskin and Smt. Parveen Begum, on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court. (b) They shall not act in any manner which will be prejudicial to fair and expeditious trial. 5 (c) They shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) They shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil