1 2025:CGHC:1815 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 37 of 2025 1. Nirmal Ekka S/o Agar Sai Aged About 58 Years Caste - Uraon R/o Occupation-Teacher, (Head Master, Posted At Government Primary School, Bhedidand, Police Out Post- Silsila, P.S.-Lundra) Mohalla Upar Para, Village-Silsila, Post OfÏce-Lamgaon, Police Out Post - Raghunathpur, P.S. snd Tahsil- Lundra, District- Surguja Chhattisgarh. Mobile No. 88899-46339 2. Agatus Kerketta S/o Late Thunu Ram Aged About 53 Years Caste- Uraon R/o Occupation-Teacher (Head Master Government Middle School, Baiga Para, Belkota, P.S.-Batauli), Banketha Para, Village- Silsila, Post OfÏce- Lamgaon, Police Out Post - Raghunathpur, P.S. snd Tahsil-Lundra, District-Surguja Chhattisgarh. Mobile No. 70897-22717 3. Rajaram Lakda S/o Late Sani Ram Aged About 51 Years Caste-Uraon, Occupation-Teacher (Head Master, Government Middle School Chiranga, P.S.-Batauli), R/o Mohalla Upar Para, Village-Silsila, Post OfÏce-Lamgaon, Police Out Post-Raghunathpur, P.S. and Tahsil-Lundra, District-Surguja Chhattisgarh, Mobile No. 96913-32647 ... Applicants versus The State of Chhattisgarh Through S.H.O, P.S.-Lundra, District-Surguja (C.G.) ... Non-applicant For Applicant : Mr. Rishikant Mahobia, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.11 13:16:11 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.01.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who are apprehending their arrest in connection with Crime No. 213/2024 registered at Police Station – Lundra, District-Surguja (C.G.) for the offence punishable under Sections 318(4), 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the complainant, namely, Arun Singh has lodged report alleging that the property bearing Khata Number 177 total 14 plot, area 14.9220, Khata Number 178 total 33 plot, area 17.9830 hectors, Khata Number 179 total plot 19 area 09.64 hectors and Khata Number 370 total 11 plot area 10.2390 hectors belongs to Bodhgaya Math at Village Silsila. The property is situated at Village Silsila District - Surguja (C.G.) and now the Collector, Surguja is the Manager of property. Allegation against the present applicants are that they want to grab the property and further they are creating disturbance in the agricultural operation of the said property with the help of one Birju Kujur. Birju Kujur has executed power of attorney in his name from Ramesh Giri. Hence, FIR has been registered. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that there is no nexus of the present applicants with the aforesaid property and even the applicants are not having knowledge about the said Power of Attorney. The applicants have not hatched conspiracy in order to grab the property, further in the Power of Attorney, there is no signature of the present applicant in anywhere. Even on the date of execution of PoA, the applicants were not present because they 3 are resident of Surguja (C.G.) and they were doing their service. He further submits that Ramesh Giri is the Mahant of Bodhgaya Math and complainant, namely, Arun Singh is having personal grudge with Ramesh Giri who has executed PoA with Birju Kujur. It is the inter-se dispute among the complainant Arun Singh, Mahant Ramesh Giri and one Birju Kujur. In their persons dispute or grudge, the applicants have been made accused without any reasonable cause. He further submits that the applicant No. 1 has no previous criminal antecedent and applicant No. 2 has one previous criminal antecedent under the Ishtagasa and applicant No. 3 has four previous criminal antecedents, out of which three cases are under the Ishtagasa and one case is under the IPC. Therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application. He further submits that the allegation against the present applicants are that they want to grab the property and further they are creating disturbance in the agricultural operation of the said property with the help of one Birju Kujur. Birju Kujur has executed power of attorney in his name from Ramesh Giri, hence, they are not entitled for grant of anticipatory bail. 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 that there is no nexus of the present applicants with the aforesaid property and even the applicants are not having knowledge about the said Power of Attorney, further the applicant No. 1 has no previous criminal antecedent and applicant No. 2 has one previous criminal antecedent under the 4 Ishtagasa and applicant No. 3 has four previous criminal antecedents, out of which three cases are under the Ishtagasa and one case is under the IPC, hence, this Court is of the view that the applicants are 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 Nos. 1, 2 and 3 – Nirmal Ekka, Agatus Kerketta and Rajaram Lakda on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The 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 them from disclosing such fact to the Court. (b) The Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d)The Applicants 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 Applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti