1 2025:CGHC:14082 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 403 of 2025 Krishnakant Gurjar S/o Shankar Lal Gurjar Aged About 42 Years R/o House Number 16, Karmchaari Nagar Durg Tehsil And District - Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Somni, District – Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Shreshtha Gupta, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.03.2025 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. 50/2025 registered at Police Station – Somni, District – Rajnandgaon (C.G.) for the offence punishable under Sections 419, 420, 467, 468, 471 and 120-B of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that the complainant Manthir Ram Sahu made a written complaint on 09.08.2024 at Police Station concerned and after due investigation an FIR was lodged against Kirti Sahu, Krishnakant Gurjar, Hemraj Dongre, Santosh Sahu, Ajay Kurre and RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 present Patwari (Tulsi ram Sahu) at the time of incident. That during the course of investigation the Patwari Halka No.27 Khasra no. 136/1 area measuring about 1.33 acres of land located in village Anjora was in the name of Manthir ram Sahu & Kirti Bai. In the year 2016-2017 while uploading the online records of the said land with the dishonest intention of cheating the, then Patwari removed the name of Manthir ram sahu and entered only the name of Kirti daughter of Jagdish The accused persons, by entering into criminal a conspiracy impersonated the Kirti sahu with another woman and got the said land fraudulently registered in the name of Krishnakant Gurjar S/o Shankar Lal Gurjar R/o House number 16, Karmchaari nagar Durg on 23.01.2021 for an amount of Rs.7,00,000/- (Seven lakh rupees). On 28.10.2021 under the criminal conspiracy the Krishnakant Gurjar, present applicant registered the same land i.e. Halka Patwari No.27 Khasra No. 136/1 area 1.33 acres of land located in village Anjora in the name of Valti Bai W/o Rohit Verma Gram Amlidih Kala, Post Pipariya, Khairagarh for Rs.7,20,000/-(Seven Lakh Twenty Thousand rupees) . In the Form B-1 and B-2 name of Kirti D/o Jagdish is mentioned and in both forms the name of the Patwari is Tulsi Ram Sahu. Thereafter on due investigation prima facie the crime is said to be conspired by the impersonated women Smt. Kirti Sahu, Krishnakant Gurjar, Hemraj Dongre Santosh, Sahu, Ajay Kurre and the then Patwari Tulsi Ram Sahu. Due to which the applicant is apprehending his arrest. Hence, this application. 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 applicant on 10.06.2022 goes for doing agriculture work in the said land he came to know by the surrounding villagers that the land belongs to Kirti Sahu and she never sold it, after knowing the 3 fraud was committed against him the applicant filed a Civil Suit on 23.09.2022 which is registered as Civil Suit Case No. K-135-A/2022 against Kirti Sahu and Arvind Das for declaring the registered sale deed 23.01.2021 as void. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that 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 applicant, and from the perusal of the case diary it transpires that the applicant on 10.06.2022 goes for doing agriculture work in the said land he came to know by the surrounding villagers that the land belongs to Kirti Sahu and she never sold it, after knowing the fraud was committed against him the applicant filed a Civil Suit on 23.09.2022 which is registered as Civil Suit Case No. K-135-A/2022 against Kirti Sahu and Arvind Das for declaring the registered sale deed 23.01.2021 as void, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Krishnakant Gurjar 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 4 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 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar