1 2025:CGHC:2304 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 58 of 2025 1 - Shivnandan Beck S/o Bichun Aged About 52 Years Caste Uraon Occupation Agriculture R/o Khal Para Village Silsila Post Office Lamgaon Police Out Post Raghunathpur P.S. And Tahsil Lundra District- Surguja (C.G.) Mobile No. 9691332647 2 - Baijnath S/o Shivcharan Aged About 47 Years Caste Uraon Occupation Agriculture R/o Khal Para Village Silsila Post Office Lamgaon Police Out Post Raghunathpur P.S. And Tahsil Lundra District- Surguja (C.G.) Mobile No. 9770213070 3 - Siyaram Khes S/o Rupan Khes Aged About 59 Years Caste Uraon Occupation Agriculture R/o Khal Para Village Silsila Post Office Lamgaon Police Out Post Raghunathpur P.S. And Tahsil Lundra District- Surguja (C.G.) Mobile No. 9770213070 4 - Biju Kujur S/o Banthu Kujur Aged About 47 Years Caste Uraon Occupation Agriculture R/o Khal Para Village Silsila Post Office Lamgaon Police Out Post Raghunathpur P.S. And Tahsil Lundra District- Surguja (C.G.) Mobile No. 9977514676 5 - Mugul Ram Minj S/o Late Mangana Ram Minj Aged About 63 Years Caste Uraon Occupation Agriculture R/o Khal Para Village Silsila Post AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.15 10:46:57 +0530 2 Office Lamgaon Police Out Post Raghunathpur P.S. And Tahsil Lundra District- Surguja (C.G.) Mobile No. 7999320713 ... Applicant(s) versus The State Of Chhattisgarh Through SHO P.S. Lundra District - Surguja (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Rishikant Mahobia, Advocate. For Non-Applicant(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicants, who are apprehending their arrest in connection with Crime No.213/2024 registered at Police Station Lundra District- Surguja (C.G.) for the offence punishable under Sections 318(4), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Prosecution case in brief is that the complainant, namely, Arun Singh lodged report alleging that the property bearing Khata Number 177 total 14 plot, area 14.9220, Khata Number 178 total 33 plot, area 17.9830 hectors, Khata Number 179 total plot 19 area 09.64 hectors and Khata Number 370 total 11 plot area 10.2390 hectors belongs to Bodhgaya Math at Village Silsila. The 3 property is situated at Village - Silsila District - Surguja (C.G.) and now the Collector, Surguja is the Manager of property. Allegation against the present applicants are that they want to grab the property and further they are creating disturbance in the agricultural operation of the said property with the help of one Biju Kujur. Biju Kujur has executed power of attorney in his name from Ramesh Giri. Hence, FIR has been registered. 3. Learned counsel for the applicant would submit that the applicants are innocent and have been falsely been implicated in the present case. He further submits that the Power of Attorney was executed between Biju Kujur and one Mahant Ramesh Girion 21.06.2021 in respect of said property and on the basis of that, Biju Kujur is going agricultural operation, further there is no nexus of applicant Nos.1 to 3 and 5 with the aforesaid property and even the applicants are not having knowledge about the said PoA, they have not hatched any conspiracy in order to grab the property, He applicant Nos.1 to 3 and 5 are not doing any agricultural operation in the said property, there is also no signature of applicant Nos.1 to 3 and 5, even on the date of execution of PoA, the applicant Nos.1 to 3 and 5 were not present because they are resident of District – Surguja (C.G.), only in order to settle his personal dispute with Ramesh Giri and Arun Singh, the present applicants have been made accused in the present case, further three of the co-accused persons, namely, Nirmal Ekka, Agatus Kerketta and Rajaram Lakda have already been granted anticipatory bail by this 4 Court vide order dated 10.01.2025 in MCRCA No.37 of 2025, hence he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant Nos. 1 to 3 and 5 wants to grab the properties in question and created disturbance in the agricultural operation of the said properties with the help of Biju Kujur (applicant No.4), who executed Power of Attorney in his name from Ramesh Giri, which shows involvement of applicants in the present case, further applicant No.4 has 19 criminal antecedents spanning from 2002 to 2024, therefore, the applicants are 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 and nature of dispute and material available in case diary, and the fact that the main accused in the present case is applicant No.4 – Biju Kujur, who executed Power of Attorney in his name with the help of one Ramesh Giri, so far as the criminal antecedents of the applicant No.4 is concerned, he has 19 criminal antecedents spanning from 2002 to 2024, as such, I am not inclined to grant anticipatory bail to applicant No.4. Accordingly, the anticipatory bail application of the applicant - Biju Kujur, involved in Crime No.213/2024 registered at Police Station 5 Lundra District- Surguja (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS, is rejected. 7. So far as the case of applicant Nos. 1 to 3 and 5 are concerned, their case is distinguishable from that of the co-accused, namely, Biju Kujur (applicant No.4) and further considering the fact that three of the co-accused persons, namely, Nirmal Ekka, Agatus Kerketta and Rajaram Lakda have already been granted anticipatory bail by this Court vide order dated 10.01.2025 in MCRCA No.37 of 2025, as such, without further commenting anything on merits, this Court finds it appropriate to grant anticipatory bail to the applicant Nos. 1 to 3 and 5. 8. Accordingly, the instant MCRCA, so far as it relates to applicants - Shivnandan Beck, Baijnath, Siyaram Khes and Mugul Ram Minj is concerned, the same is allowed and it is directed that in the event of arrest of the aforesaid applicants, on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting Officer, they 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 and every date given to them by the said Court till disposal of the trial. 6 (d) The applicants 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) They shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil