Order on Board

20.12.2024

1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending her arrest in connection with Crime No.242/2022 registered at Police Station – Bilha, District- Bilaspur (C.G.) for the offence punishable under Sections 420, 120-B, 34 of IPC (468, 468, 471 IPC but not mention in Annexure A/01)

2. Prosecution case, in brief, is that the complainant Munni Bai lodged the written report before the concerned police station with respect that the land Khasara No. 12/01 area 0.88 acre recorded in the name of Babulal Bhardwaj, Smt. Kavita Bhardwaj Gulaba Bai, Munni Bai @ Suraj Kumari Chaturvedi, Parvati Tandan and complainant. It is alleged that, the applicant along with other accused made forged “Mukhtyarnama “ thereafter, executed Sale deed on 10.03.2021 in favour of Nandita Raut for Rs. 3,09,000/- name of husband mention Durbin in Sale deed. Therefore, the aforesaid offence was registered against the accused.

3. Learned counsel for the applicant submits that the applicant is an innocent person and she has not committed any offence as allged by the prosecution. He further submits that the allegation made against the applicant in taking as it is than, there is no allegation that, the applicant participated any active role for making forge Mukhtyarnama. He also submits that the complainant has filed civil suit before the civil Court Bilha bearing No. 26/2023 which is pending, it is further respectfully submission that, the applicant is not party in civil suit. He further submits that the FIR has been lodged in the year 2022 but the police has arrested the applicant after long time, after rejection of application under Section 39 rule 01 and 02 of C.P.C. Accordingly, he prays for grant of anticipatory bail to the applicant.

4. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that from perusal of the case diary, it appears that the complainant Munni Bai, who filed a written complaint at Sirgitti Police Station.

She alleged that Sham Lal, along with other co-accused, forged a power of attorney and sold her share of land, measuring 0.3550 hectares, to Nandita Raut for Rs. 3,09,000/- on March 10, 2021, without her knowledge or consent. The accused also allegedly used fake documents, including a forged Aadhaar card number and a fake name for Munni's husband, Bhagat Ram, in the sale deed. Hence, the present applicant is not entitled for grant of anticipatory bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case and also considering the allegations levelled against the applicant and material available on record and the applicant has no previous criminal antecedent and the dispute appears to be civil in nature, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicant.

7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Sukhan Bai Dahire, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on anticipatory bail on the following conditions:-

(a) She 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 her from disclosing such fact to the Court.

(b) She shall not act in any manner which will be prejudicial to fair and expeditious trial.

(c) She shall appear before the trial Court on each and every date given to her 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) She shall not involve herself in any offence of similar nature in future.