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2025 DAILYLAW 8754 (CHH)

SAURABH TIWARI v. STATE OF CHHATTISGARH

MCRCA/219/2025 · 2025-02-13

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Judgment text

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1 2025:CGHC:7743 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 219 of 2025 Saurabh Tiwari S/o Shrikant Tiwari Aged About 30 Years R/o Silfili Post Silfili P.S. Jainagar Tehsil Latori, District Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Jainagar, District – Surajpur (C.G.) ... Non-applicant For Applicant : Mr. Shakti Raj Sinha, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.02.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his 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) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution story, in brief, is that the applicant had purchased the land Khasra No. 350/2 and 350/1 through a registered sale deed and co- accused was the witness of the same sale deed, while applicant has expressed himself to be the bona fide purchaser of the land concerned, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Date: 2025.02.13 17:35:02 +0530 2 and the Police has lodged the FIR 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 application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the co-accused has been granted anticipatory bail by this Court vide order dated 31.01.2025 passed in MCRCA No. 167/2025. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the co-accused has been granted anticipatory bail by this Court vide order dated 31.01.2025 passed in MCRCA No. 167/2025, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Saurabh Tiwari on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- 3 (a) The Applicant 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 him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall 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 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)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar