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2025 DAILYLAW 19577 (CHH)

AGASTUS LAKARA v. STATE OF CHHATTISGARH

CRA/894/2025 · 2025-06-08

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:22726 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 894 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.) (Description Of Applicant Mentioned As Per The Bail Application Moved Before The Learned Trial Court). ... Appellant versus • State of Chhattisgarh Through The Station House Officer, Police Of Police Station Gandhinagar, District Sarguja (C.G.) ... Respondent For Appellant : Mr. Anil Kumar Gulati, Advocate For State : Mr. H.A.P.S. Bhatia, PL Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 09/06/2025 1. This Criminal Appeal has been preferred against the order dated 18.02.2025 passed by the Special Judge (Atrocities Act) Ambikapur, District Sarguja (C.G.), whereby the application filed under Section 482 PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.06.09 18:17:40 +0530 2 of the BNSS Act, 2023 for grant of anticipatory bail to the appellant, was dismissed. 2. Case of the prosecution, in brief, is that the FIR was lodged by Makhan Ram alleging that the other co-accused persons hatched a conspiracy for sale of land of the complainant- Makhan by alluring him and in a honey trap, used Lalita Gharami as a tool for the said purpose. It is further alleged that the present applicant is a Patwari, who has also helped the other co-accused persons to materialize the aforesaid transactions. The land was sold by Makhan to Mukesh Munda by way of a registered sale deed. Based upon which, the offence has been registered. 3. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the case. He submits that the appellant while discharging his official duty issued the necessary forms and he was having no malafide intention and was not involved in any manner in the aforesaid conspiracy. He would submit in a similar situated case, the appellant was enlarged on anticipatory bail in Crime No.757/2024 by a Coordinate Bench vide order dated 28.04.2025 passed in MCRCA No.589/2025 and the present case is not different from the said case, therefore, he prays to allow the Appeal. 4. Per contra, learned counsel for the State opposes the aforesaid submissions. 5. Having considered the submissions of learned counsel for the parties and particularly considering the facts and circumstances of the case, nature of allegation and the role attributed to the present appellant as he has only 3 discharge his duty as a Government servant, this Court finds it appropriate to grant anticipatory bail to the appellant. 6. Accordingly, the appeal is allowed and it is directed that in the event of arrest of the appellant, he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with two sureties in the like sum to the satisfaction of the arresting officer on the following conditions:- (a) he shall make himself available for interrogation by the concerned police officer as and when so required, (b) 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 or to any police officer, (c) he shall not act in any manner which will be prejudicial to fair and expeditious trial, (d) after filing of the charge sheet, he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial, (e) he shall not involve himself in any offence of similar nature in future. (f) The applicant shall file an affidavit(s) showing full details of movable and immovable properties held by him as also his family members before the trial Court and also shall not alienate the immovable property without the prior written permission of the trial Court. 7. Certified copy as per rules. Sd/- (Deepak Kumar Tiwari) Judge Priyanka