1 2025:CGHC:28790 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 920 of 2025 Rajkapoor Singh S/o Anand Ram Aged About 41 Years Occupation Patwari, Halka No. 17, Petla, Sitapur, R/o Ward No. 11, Near Dinesh Kujur, Patpariya, P.S. And Tehsil Ambikapur, District- Surguja (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Sitapur, District- Surguja (C.G.) ... Non-applicant For Applicant : Mr. Sunil Otwani, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.06.2025 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 Crime No. 229/2025 registered at Police Station – Sitapur, District- Surguja, (C.G.) for the offences punishable under Sections 61(2), 318(4), 319(2), 340(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution’s case, in brief, is that the original owner of the land, the complainant Khiru S/o Chinga, came to know that the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 co-accused, Khiru S/o Ranga, impersonated him and, by committing fraud, executed a registered sale deed for the complainant’s land in favour of Manish Kumar Agrawal on 10.06.2025, in the presence of two witnesses, Ramesh Kumar and Rakesh Kansari. Subsequently, the complainant submitted a written complaint to the concerned police station on 11.06.2025, and based on the said complaint, an FIR was registered against the present applicant and other accused persons for offences punishable under Sections 61(2), 318(4), 319(2), and 340(2) of the Bharatiya Nyaya Sanhita. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He has not committed any offence, and the act attributed to him was performed purely in discharge of his official duties as a Patwari. He also submits that the applicant is neither the seller, purchaser, nor a witness to the alleged sale deed dated 10.06.2025, which clearly names Khiru S/o Chinga as the seller, Manish Kumar Agrawal as the purchaser, and Ramesh Kumar and Rakesh Kansari as witnesses (Annexure A/2). The only allegation against the applicant is that he provided a land identification report based on an application submitted in proper format, accompanied by relevant revenue records (B1 Khasra), which showed the complainant’s name. The documents were issued as per the provisions of the Chhattisgarh Land Revenue Code, without any knowledge of the alleged fraud by the co-accused. The report was prepared in good faith as part of routine official duties, without any falsification, 3 tampering, or malafide intent. He further submits that the applicant has been serving as a Patwari since 2015 and is currently posted at PH No. 17, Patela, Sitapur. It is the purchaser’s responsibility to verify the seller’s identity, and no conspiracy or negligence can be attributed to the applicant in this matter. Hence, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel, appearing for the non - applicant/State opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it appears that the applicant, who is a public servant (Patwari) and not a party to the sale transaction neither as seller, purchaser, nor witness and noting that his role was limited to providing land identification documents in discharge of his official duties based on revenue records and a properly formatted application, and further considering that there is no material on record to suggest any fraudulent intent, falsification, or active participation in the alleged conspiracy, and also keeping in view that the main allegation pertains to impersonation and fraudulent sale by co-accused persons, therefore, I am inclined to grant anticipatory bail to the present applicant. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rajkapoor Singh, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant 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) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rahul Dewangan