1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 450 of 2025 • Gopal Pradhan S/o Late Shri Vishnucharan Pradhan Aged About 57 Years R/o Village Rangora Tahsil Kashdola, District - Balodabazar - Bhatapara (C.G.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer Pithora, District - Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Surfraj Khan, Advocate For Non- applicant/State : Mr. U.K.S. Chandel, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.04.2025 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. 65/2017 registered at Police Station – Pithora, District – Mahasamund (C.G.) for the offence punishable under Sections 420, 408, 409, 466, 467, 468, 471, 120(b) and 34 of the Indian Penal Code (IPC). 2 2. The prosecution story, in brief, is that the complainant Khemin Bai land bearing Khasra No. 897/1, Rakba 0.02 Hectare, situated at village Lahrod, District Mahasamund was acquired by National Highway Authority of India and the compensation of Rs. 7,00,000/- was determined. Since, the complainant Khemin Bai was employed as domestic helper in the house of Shiv Kumar Tiwari, who has taken the advantage of complainant and her illiteracy and had secretly allotted the above land in the name of complainant Khemin Bai and when the compensation was determined in the name of complainant, Shiv Kumar Tiwari had opened an account in Punjab National Bank, Branch Baya Kashdol. Since, with the forged practice, the land lease was allotted in the name of complainant Khemin Bai. 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 by learned counsel for the applicant that initially charge-sheet was filed against 05 other co-accused persons and the name of present applicant was not included therein. However, during the course of trial, the learned trial Court vide order dated 13.04.2018, issued summons to the applicant and also directed to include the name of present applicant as an accused in the charge-sheet, which is per se illegal and bad in law. It is also submitted by learned counsel for the applicant that though the said order dated 13.04.2018, passed by the learned trial Court, has also been challenged 3 before this Court in CRMP No.956 of 2018, but the same has been dismissed by order of this Court dated 03.02.2025. Learned counsel also argued that other co-accused persons have already been enlarged on bail either by the learned trial Court or by this Court vide Annexure-A/2. 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 herein has been made an a accused in the instant crime during the course of trial vide order dated 13.04.2018 and other co- accused persons have already been enlarged on bail either by the learned trial Court or by this Court vide orders (Annexure- A/2), 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 – Gopal Pradhan on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on 4 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 vaishali VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.03 16:36:12 +0530