1 2025:CGHC:17243 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 519 of 2025 Chandram Banjare S/o Dulari Ram Banjare Aged About 73 Years R/o- Near St. Xavior School, Bharti Nagar, Bilaspur Tehsil And District- Bilaspur (C.G.) (Name Mentioned As Per Aadhar Card) ... Applicant versus State Of Chhattisgarh Through- S.H.O., Thana- Sarkanda, District- Bilaspur (C.G.) ... Respondent For Applicant : Mr. Neeraj Choubey, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 574/2016 registered at Police Station –Sarkanda District – VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.04.17 15:59:45 +0530 2 Bilaspur (C.G.) for the offences punishable under Sections 167, 420, 465, 467, 468, 471, 474, 120B of IPC and Section 13(1)(D) (ख) & 13 (2) of P.C. Act, 1988. 3. As per the prosecution case, in the year of 2016, complainant filed the complaint case under section 156 (3) of the Cr.P.C. against the Sudhanshu Mishra (Property Dealer), Kamal Kishor Kaushik, (Patwari, Ph. No.32), Dhanram Mahilangay (Tahsildar-Bilaspur) and the Chandram Banjare (Patwari, Ph. No. 20), by alleging that, the wrong 22-point report was prepared by the patwari in respect of Khasra No. 424 and the property dealer sold out the land but possession given by them in the land being khasra No. 409, whereas the above khasra number not in existence on spot. The direction for investigation has been issued by the learned JMFC Bilaspur, therefore the Sarkanda Thana registered the Crime No, 574/2016 for the offence under section 167,420,465, 467, (2) 468, 471, 474, 120B of I.P.C. and section 13 (1) (D) (ख) 13 of P.C. act 1988 has been registered by the police against the above four persons 4. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant is the retired government servant and retired from the post of Patwari and at present he had having the age of 73 years and he has never involved in the crime. He further 3 submits that the applicant has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the applicant. 5. On the other hand, learned State counsel, appearing for the non- applicant/State, opposes the bail application of the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it appears that the applicant is the retired government servant and retired from the post of patwari and at present he had having the age of 73 years, applicant has no criminal antecedents, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Chandram Banjare, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. 4 (c) he 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 his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav