1 2026:CGHC:23323 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4665 of 2026 Gamkhar S/o Jakir Ali, Aged About 28 Years R/o House No. 1834/1, Irani Dera Raja Talab, Police Station Civil Line Raipur District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station New Rajendra Nagar, District- Raipur, (C.G.) ... Non-applicant For Applicant(s) : Mr. Rohan Sharma, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.138/2026, registered at Police Station: New Rajendra Nagar, District Raipur, C.G. for the offence punishable under Sections 318(4), 338, 336(2) & 304(2) of BNS. 2. The prosecution story, in brief, is that the present applicant, ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 Gamkhar Hussain, is alleged to have committed offences punishable under Sections 318(4), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023 by allegedly submitting forged educational documents, namely a mark-sheet and Dakhil Kharij Register purportedly issued by a non-existent school situated at Bhilai, for the purpose of securing the benefit of juvenility for one Habib Abbas in another NDPS case. On the basis of the aforesaid allegations, FIR bearing Crime No.138/2026 came to be registered against the present applicant for the aforesaid offences under the BNS. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the alleged documents were not created by the applicant but were found amongst the belongings of the deceased grandmother by witness Nazneen Fatima and were handed over to the applicant, who submitted the same bonafidely believing them to be genuine in compliance with the legal notice issued in the concerned proceedings. It is further submitted that the entire case is based upon documentary evidence already seized by the Investigating Agency and, therefore, there is no possibility of tampering with evidence. Learned counsel also submits that the applicant has no criminal antecedents, hence, he deserves to be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail 3 application and submits that the applicant has knowingly submitted forged educational documents before the competent authority with an intention to secure the benefit of juvenility for the co-accused in a serious NDPS case. It is further submitted that the investigation reveals that the alleged school from which the documents were purportedly issued is non-existent and the applicant was actively involved in producing and relying upon such forged documents. Learned State counsel submits that considering the nature and gravity of the allegations and the material collected during investigation, the applicant is not entitled to be enlarged on bail at this stage. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions advanced by learned counsel for the parties, particularly taking into consideration the fact that the entire prosecution case rests upon documentary evidence which has already been seized by the Investigating Agency, that no further custodial interrogation of the applicant appears to be necessary, that the applicant has no criminal antecedents, and that he is in judicial custody since 02.04.2026, and further considering that the trial is likely to take considerable time for its conclusion, this Court is inclined to enlarge the applicant on bail without expressing any opinion on the merits of the case. Accordingly, the present bail application deserves to be and is hereby allowed. 4 7. Accordingly, the application is allowed. Let applicant, Gamkhar involved in Crime No.138/2026, registered at Police Station: New Rajendra Nagar, District Raipur, C.G. for the offence punishable under Sections 318(4), 338, 336(2) & 304(2) of BNS 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed 5 for (i) opening of the case, (ii) framing of 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Saxena