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2026 DAILYLAW 36306 (CHH)

AMAN TIWARI v. STATE OF CHHATTISGARH

MCRCA/1544/2026 · 2026-09-20

Shri Parth Prateem Sahu

body2026

Judgment text

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1 CGHC010364102026 2026:CGHC:41103 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1544 of 2026 1. Aman Tiwari S/o Late Yogesh, Aged About 24 Years Resident Of Tiwari Kirana Store, Ghatula, Sihava Tehsil Nagri, Dist. Dhamtari C.G. ... Applicant versus 1. State of Chhattisgarh Through The Police Station Khamtarai, Dist. Raipur (C.G.) ... Non-applicant For Applicant : Mr. B.P. Sharma, Advocate with Mr. M.L. Sakat, Advocate. For Non-applicant : Mr. Afroz Khan, Panel Lawyer Hon'ble Shri Justice Parth Prateem Sahu Order On Board 21/09/2026 1. This is the first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of anticipatory bail to applicant who is apprehending his arrest in connection with Crime No.1036/2025 registered at Police Station Khamtarai, District Raipur (C.G.) under Sections 120-B, 34, 420, 467, 468, 471 of Indian Penal Code. SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI 2 2. Case of prosecution, in brief, is that complainants have filed an application under Section 156 (3) of CrPC, which was considered by learned Magistrate concerned and direction for registration of offence under Section 420, 467, 468, 471 of IPC was issued to concerned police and pursuant thereto, instant crime was registered on 14.9.2025, in which the applicant is apprehending his arrest. 3. Learned counsel for applicant submits that other family members of applicant have initially lodged a complaint to concerned police station alleging that applicant has prepared forged will deed in which the police has not proceeded and thereafter application under Section 156 (3) of CrPC was filed. Learned Magistrate only considering the report of handwriting expert submitted by the complainants/applicants therein has arrived at a conclusion that signature of the testator on the Will is not matching with specimen signature, and therefore, directed for registration of FIR. It is submission of learned counsel for applicant that report of handwriting expert was not called for by the Court and therefore, it is subject matter of evidence. He also contended that when a person attains specific age, there may be chances of variation in his/her signature appearing in the documents of earlier time. Applicant is 24 years of age, he is having no criminal 3 antecedent, he will cooperate in the investigation and therefore, he may be extended benefit of anticipatory bail. 4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant and would submit that learned Magistrate upon considering the complaint and also the documents enclosed along with it, in particular report of handwriting expert, has directed for registration of crime against the applicant. He, however, does not dispute the submission of learned counsel for applicant that there is no other criminal antecedent against the applicant. 5. Heard learned counsel for the parties. 6. From the submission made by learned counsel for respective parties and documents annexed along with application, it is appearing that subject matter of registration of FIR is the Will deed stated to be executed in favour of applicant. The direction for registration of crime is only on the basis of report of handwriting expert. 7. Taking into consideration submission of learned counsel for respective parties, nature of allegation and further considering the fact that applicant is 24 years old and there is no other criminal antecedent against him, without commenting anything on merits of the case, I am inclined to release the applicant on anticipatory bail. 4 8. Accordingly, the anticipatory bail application is allowed. It is directed that in the event of arrest of applicant in connection with aforementioned crime, he shall be released on bail his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant shall also abide by following conditions :- (i) he shall make himself available for interrogation before the investigating officer as and when required; (ii) he 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/her from disclosing such facts to the Court or to any police officer; (iii) he shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and iv) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of trial. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-