1 2025:CGHC:19128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 589 of 2025 Agastus Lakara S/o Baldev Lakara Aged About 38 Years Occupation Government Servant /Patwari R/o Royal Park B- Block -19, Ambikapur Police Station Gandhinagar, Tahsil Ambikapur District - Sarguja (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer Police of Police Station Gandhinagar Ambikapur District - Sarguja (C.G.) ... Respondent For Applicant : Shri Anil Kumar Gulati, Advocate. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28/04/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.757/2024 registered at Police Station –Gandhinagar, Ambikapur, District Sarguja (C.G.) for the offences punishable under Sections 409, 420, 120-B, 467, 468, 471 of IPC. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.29 19:07:12 +0530 2 2. Case of the prosecution, in brief, is that the FIR was lodged by Jayesh Kanwar who is posted as Nayab Tahsildar at Ambikapur alleging in it that the land which was situated at Village Nehru Nagar, Tahsil Ambikapur is government land and the Khasra Number 135 area 0.390 hectare is transferred in the name of Prabhas Manda without there being any order by the competent Court. On the basis of report lodged by the Nayab Tahsildar Ambikapur, the police registered the alleged offences against the applicant 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that it is allegation against the applicant that the applicant transferred the land bearing Khasra No.135 area 0.390 hectare in the name of one Prabhas Mandal without there been any order passed by the competent Court. The applicant on 05-12-2024 wrote a letter to the Sub Divisional Officer Revenue, Division Ambikapur and he filed his reply stating that the land bearing Khasra No. 135 area 0.390 hectare was never transferred by him and he is not aware, how the name has been transferred and when the Collector asked the information with regard to the land, the applicant while discharging his duty shown the land Khasra NO.135 area 0.390 hectare as a government land, so prima-facie there is no involvement of applicant for the commission of alleged offences. He would submit that the Khasra Panchsala, which was obtained on 11-04-2025 still showing the Khasra NO.135 area 0.390 hectare as a government land. He would submit that there are two more crime number is registered against the applicant i.e. Crime No.59/2022 and 115/2022 in which the applicant shown as abscond, the applicant is filing the period wise salary from the month of March- 3 2022 to Feburary-2025 to demonstrate that the applicant continuously discharged his duty as a Patwari and in lieu of that he obtained the salary and the applicant has never absconded and presently the applicant has been suspended from the service. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. He would submit that the present applicant is a Patwari, he mutated the government land in the name of private person. He would submit that against the present applicant there is one more case under same section. He would further submit that the applicant has been suspended from service. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the nature of allegation against the present applicant that the applicant mutated the government land in the name of private person and also considering the fact that the applicant has been suspended from service, this Court finds 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 – Agastus Lakara, on executing a personal bond and 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 4 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 his adhaar card along with a coloured 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 gouri