1 2025:CGHC:22410 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1020 of 2025 1 - Rahul Singh S/o Late Santosh Singh Aged About 38 Years Currently Posted- Sub Tehsil Bariyo Police Chowki- Bariyo Police Station- Rajpur District- Balrampur-Ramanujganj, Chhattisgarh ...Appellant versus 1 - State Of Chhattisgarh Through Police Station Rajpur, District Balrampur, Ramanujganj (C.G.) 2 - Santram S/o Late Bhaira Aged About 30 Years R/o Bhaski Chowki Bariyo Police Station- Naya Rajpur District- Balrampur- Ramanujganj, Chhattisgarh ... Respondent For Appellant : Mr. Manoj Paranjpe along with Mr. Rishabh Gupta, Advocates For Respondent/State For Objector : : Mr. Sangharsh Pandey, GA Mr. Krishna Tandon, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.05.2025 1. The appellant has preferred this Criminal Appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 for setting aside of order dated 19.05.2025 passed by the Special Judge SC/ST Act (Atrocities) Balrampur, District- Balrampur-Ramanujganj (C.G.) and for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.90/2025, registered at Police Station- Rajpur, District Balrampur-Ramanujganj (C.G.) for the offence punishable under punishable under Sections 318(4), 338, 336(3), 340(2) and 3(5) of Digitally signed by AMIT PATEL 2 Bhartiya Nyaya Sanhita, 2023 and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Case of the prosecution, in brief, is that the appellant along with other co- accused persons have sold the joint property bearing khasra Nos. 210, 213/2, 215, 240/10, 241/1, 245 area 0.656, 0.097, 0.150, 1.259, 0.172 and 0.134 hectare situated at Tehsil Rajpur, District Balrampur- Ramanujganj registered in the name of complainant’s mother namely Jubaro Bai by executing a registered sale deed dated 18/11/2024 in favour of Shivaram Nagesiya in a fraudulent manner without any consent of other co-shareholders and without obtaining the permission of the Sub-divisional Officer/Collector as complainant’s mother Jubaro Bai belongs to special backward tribe. 3. Learned counsel for the appellant submits that the appellant is innocent and he has been falsely implicated in this case. He further submits that the appellant being a Halka Patwari without the presence and consent of the co-shareholder of the land has made the boundary map and given the B-1 and on the basis of boundary map and B-1, registry and sale deed has been executed, however the present appellant has been suspended from the service in pursuance of the FIR and the similarly situated co-accused person namely Yashwant Kumar who was the Sub- Registrar has already been granted anticipatory bail by this Court vide order dated 07.05.2025 in MCRCA No. 656 of 2025. Hence, he prays to allow this instant appeal. 4. On the other hand, learned counsel for the State opposes the criminal appeal and the submission made by learned counsel for the appellant. He further submits that charge-sheet has not been filed in this case. 5. Learned counsel for the objector oppose the submission as made by counsel for the appellant, however he could not describe the aforesaid 3 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, considering the fact that present applicant who is a Patwari has been suspended from service in pursuance of the present FIR and the similarly situated co-accused person namely Yashwant Kumar who was the Sub-Registrar has already been granted anticipatory bail by this Court vide order dated 07.05.2025 in MCRCA No. 656 of 2025, as such without further commenting anything on merits and the fact that investigation and trial are likely to take time, this Court finds it appropriate to grant anticipatory bail to the appellant. 7. Accordingly, the instant appeal is allowed and it is directed that in the event of arrest of the appellant – Rahul Singh, on executing a personal bond with one local 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. 8. However, this Court hopes and trust that the trial Court should make an earnest endeavour to conclude the trial as expeditiously as possible preferably within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 4 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. S Sd/- (Ramesh Sinha) Chief Justice AMIT PATEL