1 2025:CGHC:1554 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 13 of 2025 Rajkishor Sawaiya S/o Shri Jagannath Prasad Aged About 51 Years Suspended Patwari, Halka No. 50-51, Village Podi Bharani, Tahsil Sakri, District Bilaspur Chhattisgarh Resident Of Sharda Vihar Colony, Uslapur, Bilaspur Tahsil And, District : Bilaspur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Sakri, District : Bilaspur, Chhattisgarh ---- Non-Applicant For Applicant : Mr. Govind Ram Miri, Senior Advocate assisted by Mr. Ravipal Maheshwari,Advocate. For Non-Applicant : Mr. U. K.S. Chandel, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.01.2025 1. This first anticipatory bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.923/2024 registered at Police Station Sakri District - Bilaspur (C.G.) for the offence punishable under Sections 318(4), 338, 340(2), 336(3) and 61(2) of B.N.S. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Prosecution case in brief is that the present applicant was being working on the post of concern Patwari Halka No. 51, village Pondi, Revenue Circle Ganiyari, Tahsil Sakri, District Bilaspur Chhattisgarh, in khasra No. 24/3, 128/4, 130/3, 130/4, and 279/3 its area respective 0.665, 1.884, 0.884, 1.912 and 1.972 hectare total area 7.317 hectare have been wrongly added in Bhuiya Portal and provided benefit to the consumer and on the basis of consumer/ former has taken loan from the IDFC Bank Bhatapara, hence the concerned police station has registered the offence under section 318 (4), 338, 340(2), 336 (3) and 61 (2) of B.N.S. against the accused persons. 3. Learned senior advocate as well as counsel for the applicant submits that the present applicant is innocent person and has falsely been implicated in the aforesaid criminal case by the complainant. He further submits that the applicant has neither prepared forged documents nor committed any aforesaid offences as alleged by the prosecution against him. The applicant was joined on the post of Patwari at Halka Patwari No. 51 on 07.03.2024. As per available revenue record of the other accused Heman Kumar by mutation order dated 25.02.2024, the revenue record was updated but the same date the present applicant was not joined on the same concerned Halka Patwari No. 51, then it is impossible to amend in the revenue record, by the present applicant, but falsely implicated to him in the aforesaid offences by the Higher authorities. They also submits that prima facie, there is no option to delete or add in the revenue record without sending massage/order for delete /add in 3 the revenue record by the higher authorities in the Bhuiya Portal in NIC yet to be intricate in the offence is against the law. Accordingly, they prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that the case pertains to Khasra No. 5, area 7.317 hectares, where the applicant/accused is alleged to have fraudulently added Khasra numbers to the Bhuiyan portal and deleted them using the Patwari ID and made false entries of crops in the said Khasra numbers. According to the case diary, the applicant/accused was posted as a Patwari in Halka number 51, Tehsil Ganiyari, since March 2024. An examination of the revenue documents reveals that the entries for Khasra number 81/4 (new Khasra number 81/5) and Khasra number 81/4 (new Khasra number 81/6) were made using ID No. 6032030 and Change ID No. 3827720. Furthermore, the IP address updates and entries suggest that the applicant/accused committed fraud and falsification and the alleged offence committed by the accused, is of a serious nature. Hence, the present applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the document appended thereto. 6. Considering the fact and circumstances of the case, submissions of learned counsel for the parties and nature of dispute and document appended thereto further, the applicant being a Patwari and has no criminal antecedent, therefore, without further commenting anything 4 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 – Rajkishor Sawaiya, 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) 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 Kunal