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2026 DAILYLAW 22205 (CHH)

AMIR ALI v. STATE OF CHHATTISGARH

MCRCA/874/2026 · 2026-06-17

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Judgment text

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1 2026:CGHC:24775 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 874 of 2026 Amir Ali S/o Lt. Moosa Bhai Aged About 78 Years R/o Maharaja Chowk, R/o Maharaja Chowk, Near Aman Apartment, Adarsh Nagar, Durg, District - Durg, Chhattisgarh 491001 ... Applicant(s) versus State Of Chhattisgarh Through Police Station Ambikapur, District Sarguja Chhattisgarh ... Non-applicant For Applicant : Mr. Siddharth Tiwari, Advocate. For Non-applicant/State : Ms. Vaishali Mahilang, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.06.2026 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. 694/1992 registered at Police Station – Ambikapur, District Sarguja (C.G.) for the offence punishable under Section 420, 467, 468, 471, 120(B), 34 of IPC and 13(1)d and 13(2) of Prevention of Corruption Act 1988. 2. The prosecution case is that land acquisition proceedings bearing Case No. 46/3-82/86-87 relating to land situated at Village Revapur, Ambikapur, District Sarguja (presently in Chhattisgarh) culminated in an award dated 30.09.1988. Pursuant thereto, compensation amounting to Digitally signed by JYOTI JHA Date: 2026.06.19 14:45:29 +0530 2 ₹12,840.55/- was awarded in favour of the land owner, Amarsay S/o Manraj, and an account payee cheque for the said amount was issued in his favour through the Post Office Saving Bank (Court), Ambikapur. It is alleged that after issuance of the cheque, the figure “₹12,840.55” was fraudulently altered by inserting the digit “5” before the original amount, thereby changing the cheque value to ₹5,12,840.55/-. According to the prosecution, within a short period thereafter, an amount of ₹4,00,000/- was withdrawn from the account. It is further alleged that on 07.10.1992, the complainant, accompanied by a clerk from the Land Acquisition Department, Collectorate Ambikapur, inspected the cheque in question and found apparent interpolation and overwriting indicating manipulation of the cheque amount. The FIR further alleges that officials of the Post Office Saving Bank (Court), Ambikapur, namely the then Sub-Post Master, Shri Gupta, and Post Assistant, Shri Choudhary, ignored the visible alterations and disbursed the enhanced amount without proper verification and with unusual haste, thereby suggesting their complicity in a criminal conspiracy. Suspicion was also expressed regarding the involvement of Shri Arun Kumar, Sub-Engineer, Irrigation Department, in the alleged conspiracy. On the basis of these allegations, the FIR came to be registered on the complaint lodged by the District Saving Officer, Sarguja, Ambikapur (then Madhya Pradesh). 3. Learned counsel for the applicant submits that the applicant, a retired IAS Officer, has been falsely implicated in the present case. He submits that the applicant, while serving as Land Acquisition Officer, had issued the cheque only for the sanctioned compensation amount of ₹12,840.55/-, which is duly reflected in the General Disbursement Register. The alleged interpolation in the cheque was made subsequent to its issuance and the applicant had no role in the same. He further 3 submits that the applicant is neither named in the FIR nor was any allegation made against him at the time of registration of the case, and he came to know about his implication only on 04.06.2026, after a lapse of about 34 years. It is further submitted that the applicant is 78 years of age, suffering from Parkinson’s disease, bedridden and incapable of travelling without assistance. Therefore, it is prayed that the applicant be granted anticipatory bail. 4. Learned State counsel opposes the application and submits that the applicant was the Land Acquisition Officer at the relevant time and the cheque in question bears his signature. It is submitted that the offences alleged are serious in nature involving forgery, cheating, criminal conspiracy and misappropriation of government funds. Therefore, considering the gravity of the offence and the material collected during investigation, the applicant is not entitled to the benefit of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact that the applicant is not named in the FIR and no specific allegation was levelled against him at the time of registration of the crime, coupled with the fact that the applicant is a retired IAS Officer aged about 78 years and is stated to be suffering from Parkinson’s disease and is bedridden, this Court is of the opinion that custodial interrogation of the applicant does not appear necessary at this stage. Further considering the delay of more than three decades in his implication, the nature of allegations, and the fact that the applicant has expressed his willingness to cooperate with the investigation, without commenting on the merits of the case, this Court is inclined to extend the benefit of anticipatory bail to the applicant. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Amir Ali 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 their 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 Jyoti