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2025 DAILYLAW 14767 (CHH)

TULSIRAM SAHU v. STATE OF CHHATTISGARH

MCRCA/421/2025 · 2025-03-26

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1 2025:CGHC:14581 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 421 of 2025 Tulsiram Sahu S/o Shri Lochan Ram Sahu Aged About 49 Years R/o Ward No. 52, Bamleshwari Colony, Near R.K. Jim, Durg, Tahsil And District Durg, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Somani, District : Rajnandgaon, Chhattisgarh ... Non-applicant For Applicant : Mr. Manish Nigam, Advocate. For Non-applicant/State : Mr. S.S.Baghel, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.03.2025 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 – Somani, District : Rajnandgaon (C.G.) for the offence punishable under Sections 419, 420, 467, 468, 471 and 120(B) of Indian Penal Code. 2. The prosecution story, in brief, is that on 09.08.2024, complainant Manthi Ram Sahu, lodged a report stating that he and his sister Kirti Bai are the owner of land bearing khasra no. 136/1, 237/2,3, 447/1, which was illegally purchased by co-accused person Krishna Kant Gurjar and Sold PREETI KUMARI Digitally signed by PREETI KUMARI 2 it to Smt. Valti Bai through a sale deed, in which one Hemraj Dongre, Santosh Sahu, Ajay Kurre and Nikhil Janghel are witnesses. On the said complaint, offence under section 419, 420, 467, 468, 471, 120(B) of the Indian Penal Code was registered. 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 co-accused persons, namely, Krishnakant Gurjar has already been granted anticipatory bail by this Court vide order dated 24.03.2025 passed in MCRCA No. 403/2025 and further the applicant has two previous criminal antecedents in which he is on bail. Therefore, he prays grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the applicant but could not dispute the fact that the co-accused persons have already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused person. 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 the fact that the the co-accused persons, namely, Krishnakant Gurjar has already been granted anticipatory bail by this Court vide order dated 24.03.2025 passed in MCRCA No. 403/2025 and further the applicant has two previous criminal antecedents in which he is on bail, hence, 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 - Tulsiram Sahu on executing a personal 3 bond with one local surety each in the like sum to the satisfaction of the arresting OfÏcer, they 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 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