Rajnandgaon (C.G.) v. State Of Chhattisgarh Through The Police Station City Kotwali, District
Case Details
1 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.26 16:35:14 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR 2025:CGHC:43118 NAFR MCRCA No. 1287 of 2025 Mohammad Aarif Quereshi S/o Mohammad Isarail Quereshi Aged About 40 Years R/o Ward No-25, Near Kali Mandir Bharkapara, Tahsil And District- Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station City Kotwali, District- Rajnandgaon (C.G.) ... Respondent For Applicant
Legal Reasoning
: Shri Rajendra Patel, Advocate. For : Shri Swajeet Singh Ubeja, PL. Respondent/State Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25/08/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.307/2025 2 registered at Police Station – City Kotwali, District Rajnandgaon (C.G.) for the offence punishable under Section 318(4) of the B.N.S. 2. Case of the prosecution, in brief, is that complainant Mohammad Yusuf lodged a report before the Police Station City Kotwali that he works in Aluminum Plant at Korba and his ancestral house is situated in front of Kali Mai Mandir, Rajnandgaon. The present applicant is the nephew of the complainant and earlier the learned Civil Court, Rajnandgaon had ordered for partition of the ancestral property belonging to the complainant and the present applicant. It was ordered by the learned court that the ancestral property would be partitioned among the complainant, present applicant and the sisters of the present applicant and each party will receive 1/3rd share of the property. It has been alleged by the complainant that the present applicant by withdrawing funds under the Pradhan Mantri Awaas Yojana has constructed a house and is also operating a shop in the land belonging to the complainant. It has further been alleged that the present applicant has prepared a forged partition deed in the name of the complainant and put his forged signature and submitted the same before the office of the Municipal Corporation, Rajnandgaon (C.G) in order to construct his house under the Pradhan Mantri Awaas Yojana. Hence, the complainant has lodged a report against the present applicant and therefore the present applicant is apprehending his arrest in connection with Crime No. 307/2025 for an alleged offence Punishable Under Sections 318(4) of the B.N.S. 3. Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely implicated by the complainant in this 3 case. He would submit that the present applicant is the nephew of the complainant and for the same land earlier a civil suit for partition has been decreed and decided by the learned Civil Court, Rajnandgaon whereby the learned Civil Judge Class-II had ordered for partition of the ancestral property belonging to the complainant and the present applicant. He would submit that since the house of the present applicant was in an old and dilapidated condition, therefore, the wife of the present applicant had applied for construction of a house under the Pradhan Mantri Awaas Yojana and the present applicant has constructed the house and shop on his part of the property and has not encroached upon the part of land which is in possession of the complainant. He would submit that the complainant has been demanding his share in the house and the shop which has been constructed by the present applicant in his own part of the property and built by his own hard earned money. Therefore, aggrieved by the said action of the complainant, the present applicant has filed a complaint before the Superintendent of Police, whereby the present applicant had also mentioned that the complainant has already entered into an agreement to sell his part of the property with one Sandeep Agrawal. Therefore, now the complainant is pressurizing the present applicant to give share in the house and shop constructed by the present applicant in his part of property. He would submit that earlier the present applicant and the complainant have entered into a compromise and they have settled their dispute amicably but the complainant in order to extort money and to fulfill his selfish needs had lodged the present FIR against the present applicant even after the settlement and there is a long and unexplained delay of about 3 years in lodging the present FIR 4 and the dispute between the complainant and the present applicant is civil in nature, therefore, the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, material available on record, considering the fact that dispute between the parties appears to be civil in nature, without further commenting anything on merits, this Court finds it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mohammad Aarif Quereshi, 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 5 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 his 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 gouri