1 2025:CGHC:2810 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 84 of 2025 Mohammad Yusuf Ansari S/o Late Mohammad Ali Ansari Aged About 70 Years R/o Bhata, P.S. Samri, District- Balrampur-Ramanujganj, C.G. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Kusmi, District- Balrampur-Ramanujganj, C.G. ... Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate along with Mr. Vishal Sahu, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 16 .01.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 135/2024, registered at Police Station – Kusmi, District- Balrampur- Ramanujganj, (C.G.) for the alleged commission of offence punishable under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code. (For short IPC) 2. As per the prosecution’s case, the applicant, in connivance with other accused persons, hatched a conspiracy and fraudulently mutated the land bearing PH 4, Tehsil Samri, Kh. No. 644, 699, measuring 4.176 RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.17 20:11:55 +0530 2 hectares and 1.036 hectares respectively, with a total area of 5.212 hectares. Subsequently, one Gehanu filed a case before the SDO regarding the matter. Thus, the present applicant is alleged to have committed the aforementioned offence. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in this case. He also submits that the applicant is aged about 70 years old person and he is suffering from several ailments. He further submits that the disputed land has belonged to the applicant's family since 1954-55, and his forefathers had been in possession of it. Subsequently, the land was mutated in the applicant's name. He further submits that the present applicant has no previous criminal antecedents. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that the applicant, in connivance with other accused persons, hatched a conspiracy and fraudulently mutated the land bearing PH 4, Tehsil Samri, Kh. No. 644, 699, measuring 4.176 hectares and 1.036 hectares respectively, with a total area of 5.212 hectares. Therefore, he is not entitled for grant of anticipatory bail in the present matter. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute, and material available in the case diary, it appears that the applicant is aged about 70 years old person and he is suffering from several ailments 3 and the disputed land has belonged to the applicant's family since 1954-55, and his forefathers had been in possession of it and the present applicant has no previous criminal antecedents, therefore, without further consideration on merits, I am inclined 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 - Mohammad Yusuf Ansari, 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) 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 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rahul Dewangan