2025:CGHC:59270 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8317 of 2025

1. Smt. Jyoti Rasel Sheikh @ Shahida Khatun W/o Md. Rasel Sheikh Aged About 34 Years R/o Contractor Colony, Near Tridarshan Temple, Panch Rasta, Supela Bhilai, Tahsil And District Durg (C.G.)

2. Md. Rasel Sheikh S/o Fakir Aged About 35 Years R/o Contractor Colony, Near Tridarshan Temple, Panch Rasta, Supela Bhilai, Tahsil And District Durg (C.G.)

... Applicants versus State of Chhattisgarh Through Police Station Supela Bhilai, District Durg C.G.

... Non-applicant For Applicants : Mr. Rajendra Kumar Patel, Advocate.

For Non-Applicant : Mr. Jitendra Shrivastava, Govt. Advocate.

Digitally signed by ABHISHEK Hon'ble Mr. Ramesh Sinha, Chief Justice ABHISHEK SHRIVAS SHRIVAS Date:

2025.12.09

11:07:15 Order on Board +0530

05.12.2025

1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 571/2025 registered at Police Station Supela, Bhilai, District - Durg (C.G.), for the offence punishable under Section 318(4), 319(2), 336(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 14A of the Foreigners Act, 1946 and Section 3 of the Passport (Entry into India) Act1920, Section

61(2) of the Bhartiya Nyaya Sanhita.

2. Prosecution story in brief is that on 16.05.2025, information was received from an informant that at Durga’s house in Contractor Colony, Panch Rasta, Supela, the applicants/accused, who are husband and wife and Bangladeshi nationals, were residing in India by fraudulently concealing their original Bangladeshi citizenship. The applicants/accused, while hiding their true identity, were allegedly residing unlawfully in India without any valid documents/visa, and in order to falsely establish themselves as Indian citizens, they deceitfully prepared forged documents such as Aadhaar card, PAN card, voter identity card, bank passbook, etc. It was found that the applicants/accused had entered India illegally, without any valid documents, visa or passport, and thereafter prepared forged documents and misused them. Accordingly, an offence was registered against the applicants/accused at Police Station Supela under the relevant crime number and penal provisions. The applicants/accused were arrested, and after completion of investigation, a charge-sheet has been filed.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He submits that the applicants/accused have no connection whatsoever with the alleged offence. A false case has been deliberately registered against them as part of a conspiracy. He further submits that the applicants/accused have been in custody since 17.05.2025. The charge-sheet has already been filed in the case, and there is a likelihood of delay in the trial. In the year 2020, a case related to the alleged offence was previously registered against the applicants/accused, due to which they were unable to leave India. That case is still pending before the learned subordinate Court, in which the applicants were granted regular bail by the Hon’ble Court. Now, the present case has again been registered for the very same alleged offence. He also submits that the present applicants are in jail since 17.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants.

4. On the other hand, learned State Counsel appearing for the State/non-

applicant opposes the bail application and submits that in the present case charge-sheet has been filed before the competent Court. He submits that in compliance of this Court’s order dated 16.10.2025, the concerned Superintendent of Police submitted an affidavit stated that on 16.05.2025, an informant reported that the present accused applicants, Bangladeshi nationals and husband and wife, were residing at Contractor Colony, Panch Rasta, Supela by concealing their tr