2025:CGHC:57490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9594 of 2025 Parveen Begum W/o Shri Mohd. Dilawar Aged About 39 Years R/o House Of Jyoti, Dharam Nagar, Pachpedi Naka, Police Station-Tikrapara, Distt.

Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station-

Tikrapara, Raipur, District- Raipur (C.G.)

... Non-applicant For Applicant : Mr. Vivek Kumar Shrivastava, Advocate For Non-applicant/State : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

26/11/2025

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 applicant who has been arrested in connection with Crime No. 437/2025 registered at Police Station- Tikrapara, Raipur, District- Raipur, (C.G.) for the offence under Sections 112, 318(4), 319(2), 336(2), 336(3), 337, 340, 3(5) of Bharatiya Nyaya Sanhita, Section 14 of the Foreigners Act, 1946, Section 12 of the Passport Act, 1967 and Section 3 of the Passport (Entry Into India) Act, 1920.

RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN

2. The prosecution case, in brief, is that on 13.06.2025, SHO Vinay Singh Baghel received secret information that co-accused Dilawar Khan (husband of the applicant), a Bangladeshi national running an egg stall at Dharam Nagar, Main Road, Raipur, was illegally residing in Raipur by using a forged passport. Acting on this information, the police reached his residence and, upon examining his passport and other documents, found them to be forged and fabricated. During inquiry, the co-accused disclosed that he had been living in Raipur for the past 15 years and had also brought his wife (the applicant) and their daughter from West Bengal to Raipur, where he arranged for preparation of their passports as well. Based on these facts, the aforesaid offence was registered against both the applicant and the co-accused, and after due investigation, a charge-sheet has been filed before the concerned Judicial Magistrate. Hence the present bail application.

3. Learned counsel for the applicant submits that the applicant is an innocent lady who has been falsely implicated, and that nothing in the charge-sheet indicates her involvement in preparing any forged or fabricated passport or document, rather, her passport was duly issued by the competent authority after proper verification. It is submitted that although the applicant’s husband admittedly belongs to Bangladesh, the applicant herself is a native of West Bengal, and both of them, after shifting to Raipur many years ago, have been residing there and earning their livelihood by doing small hawker- based business. It is further submitted that the applicant’s 15-year- old daughter is presently in the custody of the Child Care Committee and her education is being seriously affected. He further submits that the present applicant has no criminal antecedents and she is in jail since 13.06.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

4. On the other hand, learned Panel Lawyer opposes the bail application of the present applicant and submit that the charge- sheet has already been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. He further submits that the applicant, along with the co-accused, was found in possession of forged and fabricated passports, and the co-accused has admitted to illegally residing in Raipur for 15 years and arranging similarly forged documents for the applicant as well. It is further submitted that the allegations involve serious offences affecting national security and identification integrity, hence, the present applicant is not entitled for grant of bail.

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

6. Taking into consideration the facts and circum