1 2025:CGHC:1265 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 11 of 2025 Atal Yadav S/o Late Brijmhan Yadav Aged About 55 Years R/o Gram- Narmadapur Police Station- Kamleshwarpur, District- Sarguja, (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Kamleshwarpur, District- Sarguja, (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Manoj Paranjpe, Advocate. For Non-Applicant(s) : Mr. U.K.S. Chandel, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.01.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.95/2024 registered at Police Station Kamleshwarpur, District- Sarguja (C.G.) for the offence punishable under Sections 420, 467, 468, 471 and 120-B and of the IPC. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.09 16:57:57 +0530 2 2. Prosecution case in brief is that an FIR has been lodged on 08.12.2024 by Tehsildar – Mainpat alleging that the incident alleged to have committed during the period between 2015-2023, the applicant alongwith other co-accused persons have fraudulently registering government land being Khasra No.53 situated at village Keshra - Mainpat in applicant’s name and fraudulently obtained loans from the Co-operative Bank, Branch Narmadapur – Mainpat by showing himself as owner of said land, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant purchased the said and through registered sale deed in the year 1995 from Budhni and Bhugdev and the sale deed dated 30.08.1995 was never been disputed or never challenged before any Court of law, copy of sale deed dated 30.08.1995 is annexed as Annexure A/2. He also submits that the during re-settlement in the year 1996 Khasra No.53 was re-numbered and newly registered as Khasra No.439 & 440, and in the year 2023, when the applicant came to know that due to some technical issue, the name of applicant is reflecting in the government online portal in Khasra No.53, the applicant thereafter moved an application beofre the Sub- Divisional Officer -Sitapur for correction in the revenue records on 17.08.2023, copy of which is annexed as Annexure A/4, the applicant obtained loan of Rs.3.16 lakhs by mortgaging the 3 property situated at Khesra and Narmadapur land bearing Khasra No. 219, 264, 265, 275, 272/1, 272/8, 402/3, 404, 405/3, 623/30, 623/33, 623/70, 678, 1665/13, 1665/20, 1777, 1778, 1779, 1797, copies of those are annexed as Annexure A/6, previously also the applicant has obtained loan from the bank which has already been paid on time without any default. He later submits that the applicant has one criminal antecedent, which is pending, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant alongwith other co-accused persons have fraudulently registering government land being Khasra No.53 situated at village Keshra - Mainpat in applicant’s name and fraudulently obtained loans from the Co-operative Bank, Branch Narmadapur – Mainpat by showing himself as owner of said land, further the applicant has one criminal antecedent, therefore, the applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, also considering the fact that though the allegation the applicant that he alongwith other co-accused persons have fraudulently registering government land being 4 Khasra No.53 situated at village Keshra - Mainpat in applicant’s name and fraudulently obtained loans from the Co-operative Bank, Branch Narmadapur – Mainpat by showing himself as owner of said land, but the applicant has only one criminal antecedent, which is pending, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Atal Yadav, on executing a personal bond with 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. (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 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil