1 2025:CGHC:10277 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 291 of 2025 Mukesh Sahu S/o Shri S. R. Sahu, Aged About 47 Years, R/o MIG 357, Deendayal Colony Mangla, P.S. Civil Line, District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through- The Station House OfÏcer, Arakshi Kendra Sakri, District - Bilaspur (C.G.) … Non-Applicant For Applicant : Mr. Tarendra Kumar Jha, Advocate. For Non-Applicant/State : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.03.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 58/2025 registered at Police Station – Arakshi Kendra Sakri, District - Bilaspur (C.G.) for the offence punishable under Sections 120(B), 409, 420, 467, 468 and 471 of Indian Penal Code. 2. The prosecution story, in brief, is that the complainant Mr. Akash Gupta PREETI KUMARI Digitally signed by PREETI KUMARI 2 (Tahsildar) Sakri District- Bilaspur (CG) has made a complaint on 04.02.2025 that he has been instructed by the Sub-Divisional OfÏcer (R) Takhatpur Distt. Bilaspur (CG) to lodge FIR against the present applicant, in which when the present accused / applicant was posted as Patwar in Halka No. 45 Sakri Bilaspur (CG) he has made four different - different reports of the land and without any authority of competent ofÏcer he has merged khasra numbers, in the proceeding of Land acquisition conducted by Land Acquisition OfÏcer Kota Distt. Bilaspur (CG) case no. 85/A-82/2017-18, the department has conducted enquiry against the applicant and found the guilty to the present applicant that the government has got loss of Rs. 34217920/- due to negligence of the present applicant, the police station Sakri Bilaspur (CG) has registered crime no. 58/2025 against the present applicant for offences punishable under section 120(B), 409, 420, 467, 468, 471 of IPC. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the present applicant is a government servant working on the post of Revenue Inspector (the then Patwari) and he has no criminal antecedents in the past, the present applicant has not received any money or other valuable benefits from anyone for his act. He also submits that the respondents have issued notice for recovery of amount of Rs. 3,04,77,384/- to Mr. Manoj Agrawal (the land owner) on 29.05.2023, which has been stayed by this Hon’ble Court by order dated 02.08.2023. He later submits that the incident taken place in the year 2019 and FIR has been lodged on 04.02.2025 by delay of 05 years, which is illegal and arbitrary. It is also submitted that the dispute is purely in the nature of civil but the complainant is trying to give the colour of criminal case.Therefore, he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant had repeatedly altered the Khasra number of the land without the authority of the competent ofÏcer, resulting in a financial loss of Rs. 3,42,17,920/- to the government and the applicant was found guilty in the departmental inquiry. Therefore, the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicants, and from the perusal of the case diary it transpires that the present applicant is a government servant working on the post of Revenue Inspector (the then Patwari) and he has no criminal antecedents in the past, further the present applicant has not received any money or other valuable benefits from anyone for his act and the incident taken place in the year 2019 and FIR has been lodged on 04.02.2025 by delay of 05 years, further the dispute is civil in nature, hence, this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 7. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Mukesh Sahu on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 4 each 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 their adhaar card alongwith a colored 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 Preeti