1 2025:CGHC:35818 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 983 of 2025 Anil Kumar Chandrakar S/o Nand Kumar Chandrakar, Aged About 46 Years R/o Village Jumgaon, Patan Durg, P.S. Amleshwar Distt. Durg (C.G.). ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Amleshwar, Distt. Durg (C.G.). ... Respondent For Applicant : Mr. Manoj Kumar Yadav, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Government Advocate For Objector : Mr. P.Chetan, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.07.2025 1. This is the first anticipatory bail application filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, who has been arrested in connection with Crime No. 109/2024 registered at Police Station Amleshwar, District Durg (C.G.), for the offences punishable under Sections 420,34 of the Indian Penal Code. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.25 12:27:31 +0530 2 2. The prosecution's story, in brief, is that the complainant has given a written complaint on 29.06.2024 alleging that the applicant who is the son of the complainant who has been living separately with his wife and children for many years was supporting the non-applicant no. 3 Krishna Chandrakar in the FIR who is brother of the complainant on 12.04.2012 was coercing the complaint to get the renunciation of rights registered of the part of Land Bearing Khasra No. 856/1 admeasuring 0.22 hectare or 0.55 acre therefore his on along with his brother Krishna Chandrakar and other co-accused committed offence under Section 420 and 34. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. The applicant has neither committed nor participated in any such act, which may amount to any of the offences, mentioned above. He further submits that the complainant is the biological father of the accused applicant and reside separately with his wife and children due to which complainant has a grudge and animosity towards the applicant. That the land bearing khasra No. 856/1 area 6.67 acres of land was in joint name of Nand Kumar Chandrakar, 3 Krishna Chandrakar, Uttam Chandrakar, Ashok Chandrakar and Kamlesh Chandrakar. At present the land situated in village Motipur, Tehsil Patna District Durg, Chhattisgarh is recorded in the revenue records in the name of Nand Kumar Chandrakar as the land owner. The present applicant has been falsely implicated in the present case for taking the side of his uncle in the aforesaid case so that Anil Chandrakar may be deprived of his rightful shares in the joint family. Therefore, he submits that the present applicant is also entitled to be released on bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant stating that he has an active role in the crime in question. 5. Mr. P.Chetan, objector vehemently objected the prayer made by the learned counsel for the applicant with regard to the anticipatory bail application of the applicant stating that the applicant who is said to be the son of the complainant along with his uncle made forged documents of the land in question and is harassing his age old father. 6. I have heard learned counsel for the parties and perused the case diary. 4 7. Taking into consideration the facts and circumstances of the case that applicant had a domestic dispute with his father Nand Kumar Chandrakar/complainant regarding the property and due to this enimity and rivalry he has been falsely implicated for taking the side of his uncle. Moreover, when the present applicant came to know that Amleshwar Police Station has lodged an FIR, he gave an application dated 01.07.2024 in writing to the In-charge of Police Station- Amleshwar in which he has stated that he will fully cooperate for the investigation of the case related to the FIR. Therefore, this Court is of the view that the present applicant is entitled to be released on bail . 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant Anil Kumar Chandrakar, on him 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:- (i) 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 5 the court. (ii) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (iii) The applicant shall appear before the trial court on each and every date given to them by the said court till disposal of the trial. (iv) 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. (v) The applicant shall not involve themselves in any offence of similar nature in future. - sd/- (Ramesh Sinha) Chief Justice alfiza