1 2025:CGHC:22181 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 748 of 2025 1 - Haatim Asam Khan S/o Aalam Khan Aged About 59 Years Presently Halka Patwari, Patwari Halka No. 07, Revenue Division Tiwarta, Tehsil Hardi-Bazar, R/o Purani Basti, Ward No. 11, Katghora, Police Station Katghora, District Korba, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Pali, District Korba, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Humanyu Kabeer, Advocate For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.05.2025 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 Complaint Case No.990/2024 registered before the Judicial Magistrate First Class, Pali, District - Korba (C.G.) for the offences punishable under Sections 419, 420, 467, 468 & 471 of the IPC. 2. Prosecution case in brief is that Complainant, Gagan Singh filed a complaint case, Gagan Singh v. Ummed Singh & 8 Ors. dated BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.05.20 18:39:40 +0530 2 20.02.2023 under Sections 201, 202 of the Code of Criminal Procedure before the Judicial Magistrate First Class, Pali, District- Korba, alleging offences under 419, 420, 467, 468, & 471 of the I.P.C., against the applicant Hatim Asam Khan and other co- accused(s) alleging that, the complainant's jointly owned lands of different Khasra numbers situated in village Kutelamuda, Patwari H.No. 28 (wrongly mentioned in Annexure-A/1) Revenue Division Pali, District Korba, Chhattisgarh. 34 Khasra numbers, total area 30.56 acres (wrongly mentioned in Annexure-A/1) of land was registered in the name of complainant's father Khurshal Singh alias Kushal Singh, son of Durjan Singh and Surit Sai, son of Samaru in the Misal settlement records of the year 1928-29. Until the preparation of the Record of Rights in 1954-55, Surit Sai died, hence, instead of Surit Sai, the names of his heirs Rajmat Kunwar widow of Late Durjan Singh, Amaan Singh, Jugul Singh, Dular Singh, Bhaiyaram, and Sushal Singh S/o Durjan Singh was registered. On 14.03.1996, mutation due to death of Khushal Singh S/o Late Durjan Singh took place and since then the names of Mangal Singh and complainant Gagan Singh were registered on the revenue records. Due to the death of Mangal Singh, the heirs of Late Mangal Singh sought mutation in the revenue records, and when Tehsildar Pali demanded a report on the living legal-heirs of Late Mangal Singh from the applicant Patwari Hatim Aasam Khan, the other co-accused in collusion with the applicant patwari fraudulently created a Patwari Report and the applicant Patwari submitted the erroneous report to the Tehsildar, Pali. Thus, a criminal case has 3 been registered by the Judicial Magistrate First Class, Pali, against applicant Hatim Asam Khan, along with other accused. 3. Learned counsel appearing for the applicant submits that the applicant is an innocent person and he has been falsely implicated in the present case. He further submits that the actual dispute is between the complainant and the co-accused in a case of civil nature bearing Civil Suit No. 26-A/2021 pending before the learned Civil Judge Junior Division, Pali and the applicant is a Patwari and his role is only to the extent of giving Patwari report regarding legal heirs of Mangal Singh to the best of his knowledge. He also submits that other co - accused, namely, Umend Singh, Ramsingh Gond, Chamar Singh, Keval Singh Gond, Dharmendra Singh Gond, Meera Bai Gond and Sohan Singh Gond have already been granted anticipatory bail by the learned Additional Session Judge, Katghora, therefore, the present applicant is also entitled to be granted anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel appearing for the Non- applicant/State opposes the prayer for grant of anticipatory bail and submits that with the connivance of the other co-accused the applicant has given the false and fabricated report with intention to cheat, 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, submissions of learned counsel for the parties, nature of dispute and material 4 available in case diary, and also considering the fact that the applicant happens to be Patwari and the present criminal case has been arisen from the complaint case, also considering the fact that 07 other co-accused have already been granted anticipatory bail by the learned Additional Session Judge, Katghora, this Court is of the view that the applicant is also entitled to be released on anticipatory bail in this case on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Haatim Asam Khan, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, 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 Bhumika