1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 501 of 2025 1. Smt. Leela Patel W/o Shri Rajkumar Patel Aged About 75 Years R/o Village- Tarpali, P.S. Chakradhar Nagar, Raigarh, Tah. And Distt. Raigarh (C.G.) 2. Rajkumar Patel S/o Shri Bhopal Prasad Patel Aged About 78 Years R/o Village- Tarpali, P.S. Chakradhar Nagar, Raigarh, Tah. And Distt. Raigarh (CG) ...Applicants versus 1. State Of Chhattisgarh Through Police Station- Chakradhar Nagar, Raigarh, Distt. Raigarh (C.G.) 2. Harsh Kumar Patel S/o Late Kheer Prasad Patel R/o Village- Tarpali, P.S. Chakradhar Nagar, Raigarh, Tah. And Distt. Raigarh (CG) ….Non-applicants For Applicants : Mr. Manoj Kumar Sinha, Advocate For Non-applicants : Mr. Nishikant Sinha, Panel Lawyer For Objector Mr. Anil S. Pandey, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/04/2025 1. Proccedings of this matter have been taken through video conferencing. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.21 11:42:58 +0530 2 with Crime No.133/2025 registered at Police Station – Chakradhar Nagar, District – Raigarh (C.G.) for the offence punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code (IPC). 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 by learned counsel for the applicants that applicants and the complainant are relatives and the present applicants are in the subject land and the agreement dated 22.12.2007 executed by the father of the complainant and given possession and there is signature of the witnesses and the alleged offences have not been committed by the present applicants. He also submits that there is delay of 16 years two months of lodging the FIR as agreement has been executed on 22.12.2007 and the FIR has been made on 28.03.2025 by the complainant. He lastly submits that the applicant No.1 is a lady of 75 years old and applicant No.2 is retired Government employees and he is also aged about 78 years of old persons and both are suffering from various ailments. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as Mr. Anil S. Pandey, learned counsel for the Objector opposes the bail application and submits that the applicants are not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the 3 materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicants, and from the perusal of the case diary it transpires that there is a delay of 16 years two months in lodging the FIR and looking to the age of the applicants, at this stage without expressing any opinion on merits, 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 No.1 – Smt. Leela Patel and applicant No.2 – Rajkumar Patel on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting Officer, 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 him 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 4 any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali