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2026 DAILYLAW 11738 (CHH)

MOHAN KUMAR AGRAWAL v. STATE OF CHHATTISGARH

MCRCA/430/2026 · 2026-04-20

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Judgment text

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1 2026:CGHC:18214 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 430 of 2026 Mohan Kumar Agrawal S/o Late Madan Kumar Agrawal Aged About 62 Years R/o Birgahni Chowk Champa, P.S. Champa, Distt. Janjgir Champa, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Janjgir, Distt. Janjgir Champa, Chhattisgarh. ... Respondent For Applicant : Shri Sanjay Agrawal, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21/04/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.133/2026 registered at Police Station – Janjgir Distt. Janjgir-Champa (C.G.) for the offences punishable under Sections 420, 467,468, 471 of IPC. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.22 14:22:14 +0530 2 2. Case of the prosecution, in brief, is that the Women State President of the National Mazdoor Congress (INTUC), Chhattisgarh, Mrs. Sunita Dubey, submitted a written complaint dated 16.01.2025 before the Inspector General of Police, Bilaspur Range, Bilaspur, against the applicant/accused. It was alleged that the applicant/accused prepared fake seals of Gram Panchayat Lachhanpur, District Janjgir-Champa, and Gram Panchayat Udayband (Village Devaraha), District Janjgir- Champa, and by fraudulently creating forged resolutions of the said Gram Panchayats using such fake seals and stamps, obtained a fake license from the Mining Department, Janjgir-Champa for operating a coal depot. It was further alleged that no such resolution was ever passed by the concerned Gram Panchayats. Therefore offence was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated; the allegations are baseless, malicious, and unsupported by evidence. He would submit that the applicant is a duly registered proprietor of Shri Ram Coal Depo and has obtained the permit legally after fulfilling all statutory requirements and payment of prescribed fees. As per the CG Khanij (Khanan, Parivahan Tatha Bhandaran Niyam), 2009, there is no requirement for submission of a Gram Panchayat resolution by the Applicant; hence, the allegation of forgery is misconceived. He would submit that the SOP itself clarifies that any Panchayat resolution, if required, is to be obtained by the Mining Authorities, not the Applicant. He would submit that the complaint appears to be motivated and is a result of refusal to meet illegal monetary demands made by certain officers, as evidenced by prior complaints filed by the applicant. He would submit that no 3 proper investigation has been conducted to establish the origin or submission of the alleged forged document. He would further submit that the applicant is a permanent resident of address mentioned in the cause title and there is no likelihood of absconding, the applicant undertakes to abide by any conditions imposed by this Court, therefore, he submits that the present applicant is entitled for grant of anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. She would submit that the applicant has two criminal antecedents. She would submit that allegation against the applicant is that he prepared forged Gram Panchayat resolutions and used fake seals to obtain a coal depot license, therefore he is not entitled for benefit of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, the allegation against the applicant is that he prepared forged Gram Panchayat resolutions and used fake seals to obtain a coal depot license, considering the fact that the case appears to be based on documentary evidence and also considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mohan Kumar Agrawal, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (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 his adhaar card along with a coloured 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri