Extracted from the PDF above. The PDF is authoritative.
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CGHC010348562026
2026:CGHC:4125
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8340 of 2026 1 - Wasim Hussain S/o Mahmood, Hussain Aged About 33 Years R/o- Madina, Chowk Sanjay Nagar Police Station Tikrapara, District Raipur C. G. 2 - Mohammad Khalil S/o Mohammad Iqbal, Aged About 28 Years R/o- Hazi Street Sanjay Nagar, Police Station Tikrapara, District Raipur C. G.
... Applicants versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Abhanpur District Raipur C. G. --- Non-applicant For Applicants : Mrs. Fouzia Mirza, Senior Advocate along with Mr. Ali Afzaal Mirza, Advocate For Non-applicant : Mr. Keshav Gupta, GA Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 22.09.2026 1) The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, they have been arrested in connection with Crime No.179/2026 registered at Police Station Abhanpur, District Raipur (C.G.) for the offence under Sections 420, 467, 468, 470, 471, 34 of IPC. 2) The case of the prosecution, in brief, is that the complainant, namely, Smt. Vani Pawar, lodged a complaint on 02.06.2026 at Police Station
2 Abhanpur stating that 0.0878 hectare of agricultural land was recorded in the name of her husband, namely, Keshav Awasthi, in the revenue records. However, upon making an inquiry, she came to know that the name of one Mirza Parvez had been recorded in respect of said land. It is further stated in the FIR that, upon inquiry, she came to know that Mirza Parvez had sold said property to Abdul Naeem on the basis of a power of attorney allegedly executed by Keshav Awasthi in favour of Mirza Parvez. It is also alleged that the present applicants signed said power of attorney as witnesses. On the basis of said complaint, the police registered the offence as stated above. 3) Learned Senior Advocate appearing for the applicants would submit that the alleged beneficiary of the transaction is Abdul Naeem, in whose favour the sale deed was executed. She would further submit that though Keshav Awasthi is alive but he has not made any complaint against any of the accused persons. She would contend that the alleged power of attorney has not been examined by a handwriting expert.
She would further contend that the charge-sheet has already been filed, the applicants are in jail since 02.06.2026, and they have no criminal antecedents. Thus, she would pray for grant of bail to the present applicants. 4) On the other hand, learned counsel for the State opposes the bail application and submits that the present applicants, along with Mirza Parvez, alienated the property of Keshav Awasthi by allegedly forging a power of attorney. He would further submit that, as there are serious allegations against the present applicants, thus, the bail application deserves to be rejected. 3 5) I have heard learned counsel appearing for the parties and perused the case diary. 6) Having considered the fact that Keshav Awasthi, who is still alive, has not made any complaint either against the present applicants or against Mirza Parvez; the applicants are not the beneficiaries of the transaction; the charge-sheet has already been filed; the applicants are in jail since 02.06.2026; and they have no criminal antecedents, this Court is inclined to allow the bail application. Accordingly, the bail application is allowed. 7) It is directed that in the event of the applicants executing a personal bond for a sum of Rs.50,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:- (i) They 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 them from disclosing such fact to the Court; (ii) they shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits.
Sd/- (Rakesh Mohan Pandey) JUDGE Rekha