Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:16387
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 482 of 2025 1 - Devsharan Singh Sidar S/o Govardhan Singh Sidar Aged About 44 Years Occupation- Patwari, R/o Village Khadgaon, Police Station- Dharamjaigarh, Tahsil- Kharsia, District- Raigarh (C.G.)
... Applicant(s) versus 1 - State Of Chhattisgarh Through The S.H.O. Of The Police Station- Dharamjaigarh, District- Raigarh (C.G.)
... Non-applicant For Applicant : Mr. Abhishek Saraf, Advocate For State : Mr.Keshav Gupta, Govt. Advocate. For Complainant : Mr. Ishwar Jaiswal, Advocate. Hon'ble Mr. Justice Parth Prateem Sahu Order On Board 08/04/2025
1. Applicant has preferred this bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail to him as he apprehends his arrest in connection with Crime No.75/2024 registered at Police Station Dharamjaigarh, District-Raigarh(C.G.) for commission of offence under Sections 420, 467, 468, 471, 120(B) of IPC. 2. Case of the prosecution, in brief, is that, on 24.02.2024, complainant/ maternal grandson of deceased Kashi Ram (land NISHA DUBEY Digitally signed by NISHA DUBEY
2 owner) namely Sarwan Kumar Rathiya has lodged a report in the concerned police station stating that the land owned and recorded in the name of Kashi Ram has fraudulently been sold by some other person in favor of Chameli Sidar. Based on the report, aforementioned crime was registered, in which, the applicant is apprehending his arrest. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in the crime in question. He has not committed any offence as alleged. Applicant was posted as Patwari of Ruafool, P.H. No.1, Tehsil-Dharamjaigarh. District- Raigarh at the time of alleged commission of offence. As of now, he is working as Patwari of Village Khadgaon. As per allegation, some person impersonating as Kashiram, who died prior to the date of execution of sale-deed, got the sale-deed executed. Applicant is not aware of the said mischief played by other person. Applicant is a government servant. There is no likelihood of absconding. Applicant undertakes to co-operate with the investigation and shall appear as and when his presence is required by the Investigating Agency. Other five co- accused persons have been granted either anticipatory bail or regular bail, hence, applicant be also granted anticipatory bail. 4.
Learned counsel for the State opposes the submissions made by counsel for applicant and would submit that as per memorandum statement of co-accused, applicant is the main accused, hence, he is not entitled for bail. However, he does not dispute the submission made by counsel for applicant with
3 respect to grant of anticipatory bail to co-accused Suresh Kumar Agrawal (witness of sale-deed), Chameli Sidar (purchaser) and Manmohan Rathiya (land broker), who has been released on regular bail. 5. Learned counsel for the complainant would submit that he is having no objection in grant of bail to applicant. He submits that before the trial Court also the complainant has pleaded no objection in grant of bail to applicant. 6. Heard learned counsel for the parties. 7. Taking into consideration the facts and circumstances of case, nature of allegations, submission of counsel for respective parties, further considering that the applicant is working as a Patwari and there is no likelihood of his absconding, co-accused persons have already been granted bail, without commenting anything on merits of case, I find it appropriate to allow this anticiaptory bail application. 8. Accordingly, the bail application filed under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 is allowed. It is directed that in the event of arrest of applicant in connection with Crime No.75/2024 registered at P.S.-Dharamjaigarh, District-Raigarh, he shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Arresting Officer.
Applicant shall also abide following conditions: (i) that he shall make himself available for interrogation before Investigating Officer as and when required;
4 (ii) that he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him / her from disclosing such facts to the Court or to any police officer; (iii) that he shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that he shall appear before the trial Court on each
and every date given to him by the said Court till disposal of trial. Sd/- (Parth Prateem Sahu) Judge Nisha