Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:1815
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 44 of 2025 1 - Chandrawati W/o Sanjay Yadav Aged About 39 Years R/o Village - Narbadapur (Chhindpa), P.S. - Kamleshwarpur, Tahsil - Mainpat, District Surguja, (C.G.) 2 - Kavita Yadav W/o Pradeep Yadav Aged About 37 Years R/o Village - Narbadapur (Chhindpa), P.S. - Kamleshwarpur, Tahsil - Mainpat, District Surguja, (C.G.) 3 - Sanjay Yadav S/o Mohan Yadav Aged About 42 Years R/o Village - Narbadapur (Chhindpa), P.S. - Kamleshwarpur, Tahsil - Mainpat, District Surguja, (C.G.) 4 - Niraj Yadav S/o Mohan Yadav Aged About 36 Years R/o Village - Narbadapur (Chhindpa), P.S. - Kamleshwarpur, Tahsil - Mainpat, District Surguja, (C.G.)
... Applicants versus State of Chhattisgarh Through P.S. - Kamleshwarpur, District - Surguja, (C.G.)
... Non-applicant For Applicants : Mr. Akath Kumar Yadav, Advocate For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 10.01.2025
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.13 10:38:16 +0530
2 Crime No. 95/2024 registered at Police Station – Kamleshwarpur, District - Surguja, (C.G.) for the offences punishable under Sections 420, 467, 468, 471 and 120-B of Indian Penal Code,1860.
2. As per the prosecution’s case, in brief is that the complainant, Sanjay Kumar, lodged an FIR at Police Station Kamleshwarpur, alleging that the present applicant and other co-accused persons had fraudulently recorded their names in the revenue records of government land and subsequently obtained a loan on the said land. Based on the complaint, the police at Kamleshwarpur registered a case as Crime No. 95/2024 for offenses punishable under Sections 420, 467, 468, 471, and 120(B) of the IPC against the applicant and other co-accused persons.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He also submits that the present applicant has no criminal antecedents. He further submits that the other co-accused persons, namely, Atal Yadav and Rajwanti Yadav have already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 11/2025 and 09/2025, vide order dated 08.11.2024 respectively. Therefore, he submits that the present applicants are also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned counsel for the applicant and submits that the present applicants and other co-accused persons had fraudulently recorded their
3 names in the revenue records of government land and subsequently obtained a loan on the said land, therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case that in the present case, the other co-accused persons, namely, Atal Yadav and Rajwanti Yadav have already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 11/2025 and 09/2025, vide order dated 08.11.2024 respectively, therefore, I am inclined to grant anticipatory bail to the present applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Chandrawati, Kavita Yadav, Sanjay Yadav and Niraj Yadav, 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) They 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 them from disclosing such fact to the Court. (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they shall appear before the trial Court on each
4 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 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) they shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rahul Dewangan