Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:21783
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3232 of 2025 1 - Mo. Yakub S/o Vali Aged About 50 Years R/o. - Badi Jama Masjid, Iraki Mohla, Garhwa P.S. - Garhwa, District- Garhwa (Jharkhand)
--- Applicant versus 1 - State Of Chhattisgarh Through, P.S.- Ramanujganj, District - Balrampur- Ramanujganj (C.G.)
--- Respondent
For applicant : Mr. A.K. Yadav, Adv. For Respondent : Mr. Ritesh Giri, PL. (Hon’ble Shri Justice Naresh Kumar Chandravanshi)
Order on Board (9-5-2025) 1 The applicant has preferred this application under Section 483 of the Bhartiya Nagrik Suraksha Sanhuita, 2023 for grant of regular bail he has been arrested in connection with Crime No. 102/2015 registered at Police Station Ramanujganj, Distt. Balrampur-ramanujganj (CG) for the offence punishable under Section 420, 467, 468, 471, 120(B)/34 of the IPC. 2
Brief facts of the case is that, applicant and more than 30 persons obtained forged lease of government land in the year 1972 and based on that, respective lands were mutated in their names and other co-accused persons. Subsequently, they sold the lands to SKS and Digitally signed by AVANISH KUMAR PATHAK Date: 2025.05.10 16:16:36 +0530
2 Power Limited, Raipur, Prakash Industries and Fatehpur Coal Mines Company Pvt. Ltd. in the year 2010. Based on above facts, present crime has been registered against 34 other co-accused persons under Section 420, 467, 468, 471, 120(B)/34 of the IPC and charge sheet has been filed. 3
Learned counsel for the applicant submits that patta was granted by the revenue authority in the year 1972 to applicant and other villagers. After getting Patta, the applicant and other villagers were cultivating the land. Subsequently, when power plants were proposed to be installed, therefore, as done by other villagers, applicant also sold his land obtained by him in Patta. He further submits that, the applicant is an innocent person, charge sheet has been filed by the police, name of applicant is not mentioned in the FIR, he has been subsequently added in charge sheet. It is further submitted that main accused Vyas Muni Yadav has been granted regular bail and co- accused Devnarayan Yadav and other have been granted anticipatory bail vide order dated 30-1-2025 passed in MCRCA No. 91/2025 and Ganesh Yadav and 11 other co-accused persons have been granted anticipatory bail by this Court vide common order dated 16-4-2024 passed in MCRCA No. 1281/2023 and MCRCA No. 1365/2023. Therefore, the applicant may also granted regular bail. 4 On the other hand, learned State counsel opposes the bail application of the applicant. 5 I have heard learned counsel for the parties and perused the material available on record.
3 6 Having considered the fact and circumstances of the case that, Patta was granted to applicant after initiating revenue proceedings and he sold said land thereafter, further, main culprit is said to be Vyas Muni Yadav and he has been granted regular bail in MCRC No. 7316/2020, and co-accused Devnarayan Yadav and 8 others have been granted anticipatory bail vide order dated 30-1-2025 passed in MCRCA No. 91/2025 and Ganesh Yadav and 11 other co-accused persons have been granted anticipatory bail by this Court vide common order dated 16-4-2024 passed in MCRCA No. 1281/2023 and MCRCA No. 1365/2023 and case of applicant is similar to those co-accused person, I feel inclined to grant bail to the applicant. 7 Having heard learned counsel for the parties and having regard to the
facts and circumstances of the case, I feel inclined to release the applicant on bail. 8 Accordingly, the bail application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial court regularly on each and every date as per direction of the court, unless exempted from appearance. 9 Certified copy as per rules. Sd/-
(Naresh Kumar Chandravanshi)
JUDGE Pathak