1 CGHC010359932026 2026:CGHC:41772 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1588 of 2026 Komal Sahu S/o Lalaram Sahu, Aged About 47 Years R/o Village Pawdwar, Post Ghatula P.S. Sihawa, Tehsil Belargaon, Dist. Dhamtari C.G. ... Applicant versus State Of Chhattisgarh Through The Police Station Khamtarai, Dist. Raipur (C.G.) ...Respondent For Applicant :Mr. Samdarsh Nirankari, Advocate. For Respondent-State :Mr. Anant Bajpai, Panel Lawyer. For Objector :Mr. Vijay Shankar, Mishra, Advocate. Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 26/09/2026 1. Applicant has preferred this application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 1036/2025 registered at Police Station – Khamtarai, District - Raipur (C.G.) for the offence punishable under Sections 120-B, 34, 420, 467, 468 and 471 of the IPC. 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 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.09.29 10:54:42 +0530 2 registered on 14.9.2025, in which the applicant is apprehending his arrest. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that the applicant has been made an accused in the present case only on the basis of his being an attesting witness to the Will dated 16.07.2021. He further contends that the beneficiary of the said Will, namely, Aman Tiwari (co-accused), has already been granted the benefit of anticipatory bail by this Court in MCRCA No. 1544 of 2026 vide order dated 21.09.2026. He submits that the applicant is on a better footing than the co- accused Aman Tiwari. He further submits that the applicant shall cooperate with the investigation and that, in the event of any non- cooperation, the prosecution shall be at liberty to seek cancellation of the bail. Therefore, the applicant may also be extended the benefit of anticipatory bail. 4. Learned State Counsel opposes the submissions made by learned counsel for the applicant and submits that the FIR was registered pursuant to the order passed by the learned Magistrate on an application filed under Section 156(3) of the Cr.P.C. He further submits that the learned Magistrate found a prima facie case against the applicant and other co-accused persons. 5. Upon specific query regarding criminal antecedents of the applicant, learned counsel submits that there is no mention of any criminal antecedents in the case diary. 3 6. Mr. Vijay Shankar Mishra, learned counsel for the objector, also opposes the prayer for grant of anticipatory bail to the applicant and submits that, when the anticipatory bail application of co- accused Aman Tiwari was considered earlier, learned counsel for the applicant did not bring to the notice of the Court the material fact. He further submits that the applicant, along with the other co- accused persons, had earlier filed a CRMP petition seeking quashing of the FIR, which came to be dismissed. He also submits that, in the said CRMP petition, while passing interim order in favour of the applicant therein, there was an observation that the applicant therein should cooperate with the investigation. However, none of the petitioners therein appeared before the police in the investigation. 7. I have heard learned counsel for the respective parties. 8. On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, co-accused was released on bail, without commenting anything on merits, I am inclined to allow this anticipatory bail application. 9. Accordingly, application is allowed and it is directed that in the event of arrest of applicant in connection with the crime in question (1036/2025), he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned arresting Officer. Applicant shall also abide by the following conditions: 4 (i) that the applicant shall make himself available for interrogation before the Investigation Officer as and when required; (ii) that 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/her from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that 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. (v) the applicant shall cooperate with the investigation and that, in the event of any non-cooperation, the prosecution shall be at liberty to seek cancellation of the bail. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) JUDGE vaibhav