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2025 DAILYLAW 14057 (CHH)

SYAM NARAYAN YADAV v. STATE OF CHHATTISGARH

MCRCA/428/2025 · 2025-04-17

Shri Naresh Kumar Chandravanshi

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Judgment text

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1 2025:CGHC:17742 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 428 of 2025 1 - Syam Narayan Yadav S/o Ram Ji Yadav Aged About 69 Years R/o Indarpur, P.S. Ramanujganj, District- Balrampur-Ramanujganj (C.G.) 2 - Balmukund Yadav S/o Kanhai Yadav Aged About 70 Years R/o Indarpur, P.S. Ramanujganj, District- Balrampur-Ramanujganj (C.G.) 3 - Prem Narayan Yadav S/o Ram Ji Yadav Aged About 64 Years R/o Indarpur, P.S. Ramanujganj, District- Balrampur-Ramanujganj (C.G.) 4 - Virendra Yadav S/o Syam Narayan Yadav Aged About 48 Years R/o Indarpur, P.S. Ramanujganj, District- Balrampur-Ramanujganj (C.G.) 5 - Upendra Yadav S/o Syam Narayan Yadav Aged About 45 Years R/o Indarpur, P.S. Ramanujganj, District- Balrampur-Ramanujganj (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through, Station House Officer, Police Station Ramanujganj, District- Balrampur Ramanujganj (C.G.) ... Respondent For Petitioners : Mr. Abhishek K. Singh, Advocate. For Respondent : Mr. Rajeev Bharat, Govt. Advocate. (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 17/04/2025 1. The applicants have preferred this application under Section 482 of the Bhartiya Nagik Suraksha Sanhita, 2023 (henceforth, BNSS) for grant of anticipatory bail as they apprehend their arrest in connection with Crime No.102 / 2015 registered at Police Station Ramanujganj, District Balrampur- 2 Ramanujganj (C.G.) for the offence punishable under Sections 420, 467, 468, 471 & 120 (B)/ 34 of the IPC. 2. Case of the prosecution, in brief, is that applicants alongwith other co- accused persons hatched conspiracy in collusion with revenue officials and they got mutated government land in their names in revenue record by manipulating the same and obtained forged and fabricated Patta and sale the same to power plant. Based on above facts, present crime has been registered against the applicant and about more than 30 co-accused persons. Main culprit is said to be Vyas Muni Yadav. 3. Learned counsel appearing for the applicants submits that the applicants are innocent villagers, they have been falsely implicated in the crime in question whereas suit property was obtained by them through Patta from the Government. He submits that Vyas Muni Yadav, who is prime accused of the case, has been granted regular bail by the Coordinate Bench of this Court vide order dated 17.03.2021 passed in M.Cr.C. No. 7316 of 2020 and other 22 co-accused persons have also been granted anticipatory bail and case of the present applicants are not heinous than them, therefore, the applicants may also be extended the benefit of anticipatory bail. 4. Per contra, learned counsel for the State opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary with utmost circumspection. 6. Having considered the fact and circumstances of the case that, Patta was granted to applicants, which was said to be sold by them. Whether granting patta was valid or not can be considered on trial, but considering the fact that similarly situated co-accused Vyas Muni Yadav, who is said to be the 3 main accused, has been granted regular bail by the Coordinate Bench of this Court and various other similarly situated co-accused persons have been granted anticipatory bail, therefore, I feel inclined to grant anticipatory bail to the applicants. 7. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on bail by the officer arresting them on executing each of them a personal bond in a sum of Rs. 25,000/- with one surety of the like sum to the satisfaction of the officer arresting them or the concerned investigating officer. The applicants shall also abide by all the following terms and conditions: (i) that the accused/applicants shall make themselves available for interrogation before the concerned Investigating Officer as and when required. (ii) that the accused/applicants 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/her from disclosing such facts to the Court or to any police officer; (iii) that they shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (v) that in case of change of address they will inform new address to investigating agency. Certified copy, as per rules. Sd/- (Naresh Kumar Chandravanshi) Judge amit 4