1 2025:CGHC:19729 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 550 of 2025 Pawan Chouhan S/o Late Hawa Singh Chouhan Aged About 29 Years R/o Ward No. 12, Shubham Colony Arya Nagar, Kohka Bhilai, Tehsil And District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through The P.S. Bori, District- Durg (C.G.) ... Non-Applicant For Applicant : Mr. Sanjay Kumar Agrawal, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. For Objecotr : Mr. Govind Prasad Dewangan, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.04.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 37/2025 registered at Police Station – Bori, District - Durg (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2), 61(2) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the complainant Mayaram Yadav PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.01 12:50:16 +0530 2 appeared before P.S. Bori and lodged a written complaint against the present applicant and other co accused alleging that the present applicant along with the other co accused have prepared a false power of attorney of the agriculture land of the complainant and also open two bank account in private bank and also taken the Rin-Pustika, Adhar Card and Jila Sahkari Bank Pass book of the complainant and on dated 17.01.2025 they have taken the complainant to the Registrar OfÏce and in the fraudulent manner trying to sold the land of the complainant, on the written complaint of the complainant the police has registered case against the present applicant for the offence punishable under 61 section 318(4), 336(3), 338, 340(2), 61 (2) of B.N.S. 2023. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the the complainant in his written complaint have alleged that the other co- accused has taken the bank pass book and other relevant document and have prepared false power of attorney but it is relevant that the Power of Attorney is prepared by the complainant himself and the power of Attorney was executed but due to his greedy nature for selling the land in the high price the same was not done and he has roped the present applicant in the false case. He further submits that in the two criminal cases of similar nature, the applicant has already been granted anticipatory bail by this Court. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as Objector opposes the bail application and submits that the applicant, in collusion with other accused persons, committed fraud against the complainant by preparing a forged Power of Attorney in the name of accused Lomas Patel to sell 3 13 acres of agricultural land owned by the complainant. Therefore, the applicant is not entitled for grant of anticipatory bail in this case. 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 in the two criminal cases of similar nature, the applicant has already been granted anticipatory bail by this Court vide order dated 08.11.2023 passed in MCRCA No. 566/2023, 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 – Pawan Chouhan on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicant 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 Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti