Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 3432 (CHH)

Devnarayan Yadav v. State Of Chhattisgarh

MCRCA/91/2025 · 2025-01-30

Shri Naresh Kumar Chandravanshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:5700 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 91 of 2025 1 - Devnarayan Yadav S/o Kanhai Yadav Aged About 57 Years Resident Of Indarpur, Police Station And Tahsil Ramanuganj, District Balrampur- Ramanujganj (C.G.) 2 - Sagar Yadav S/o Teman Yaedav Aged About 65 Years Resident Of Indarpur, Police Station And Tahsil Ramanuganj, District Balrampur- Ramanujganj (C.G.) 3 - Vijay Yadav S/o Teman Yadav Aged About 48 Years Resident Of Indarpur, Police Station And Tahsil Ramanuganj, District Balrampur-Ramanujganj (C.G.) 4 - Paras Yadav S/o Makhan Yadav Aged About 53 Years Resident Of Indarpur, Police Station And Tahsil Ramanuganj, District Balrampur- Ramanujganj (C.G.) 5 - Sanjay Yadav S/o Makhan Yadav Aged About 52 Years Resident Of Indarpur, Police Station And Tahsil Ramanuganj, District Balrampur- Ramanujganj (C.G.) 6 - Fulwanti Yadav @ Parvati W/o Soubhi Yadav Aged About 60 Years Resident Of Indarpur, Police Station And Tahsil Ramanuganj, District Balrampur-Ramanujganj (C.G.) Digitally signed by AVANISH KUMAR PATHAK Date: 2025.01.31 18:31:45 +0530 2 7 - Seetaram S/o Tulsi Aged About 92 Years Resident Of Indarpur, Police Station And Tahsil Ramanuganj, District Balrampur-Ramanujganj (C.G.) 8 - Tetari S/on Tulsi Aged About 88 Years Resident Of Indarpur, Police Station And Tahsil Ramanuganj, District Balrampur-Ramanujganj (C.G.) 9 - Sobhi Yadav S/o Seetaram Yadav Aged About 60 Years Resident Of Indarpur, Police Station And Tahsil Ramanuganj, District Balrampur- Ramanujganj (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Office, Police Station Ramanujganj, District Balrampur-Ramanujganj (C.G.) ... Respondent For applicant : Mr. Abhishek Singh, Adv. For Respondent : Mr. Keshav Prasad Gupta, Dy. Govt. Adv. (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 30/01/2025 1. The applicants have preferred this application under Section 482 of the Bhartiya Nagrik Suraksha Sanhuita, 2023 for grant of anticipatory bail as they apprehend their arrest in connection with Crime No. 102/2015 registered at Police Station Ramanujganj, Distt. Balrampur- ramanujganj (CG) for the offence punishable under Section 420, 467, 468, 471, 120(B)/34 of the IPC. 2. Allegation against the applicants is that, they along with other co- accused persons hatched conspiracy in collusion with revenue officials and they got mutated government land in their names in 3 revenue record by manipulating the same and obtained forged and fabricated Patta. Based on above facts, present crime has been registered against main culprit Vyas Muni Yadav and other 34 accused persons, for the offence punishable under Section 420, 467, 468, 471, 120(B)/34 of the IPC. 3. Learned counsel for the applicants submits that in aforesaid crime, police has implicated more than 34 accused persons, out of which, 12 co-accused persons have been granted anticipatory bail and main accused Vyas Muni Yadav has been granted regular bail. Applicants are poor villagers. They filed applications for grant of Patta. Based of above applications, revenue case was registered and thereafter they have been granted Patta and after about 4 years, they sold land in question to SKS and Power Limited, Raipur, Prakash Industries and Fatehpur Coal Mines Company Pvt. Ltd. Since various accused persons have been granted anticipatory bail, therefore, applicants may also be granted anticipatory bail. 4. On the other hand, learned State counsel opposes the application for grant of anticipatory bail to the applicants. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Having considered the fact and circumstances of the case that, Patta was granted to applicants after initiating revenue proceedings and they sold said land after 4 years, further, main culprit is said to be Vyas Muni Yadav who has been granted regular bail in MCRC No. 7316/2020 and Keshav Prasad Verma has been granted anticipatory bail in MCRCA No. 1622/2020 vide common order dated 17-3-2021 by coordinate bench, further, 4 and 7 co-accused have been granted anticipatory bail by this Court vide common order dated 16-4-2024 passed in MCRCA no. 1281/2023 and 1365/2023 respectively, and case of applicants is similar to those co-accused persons, who have 4 been granted anticipatory bail, I feel inclined to grant bail to the applicants. 7. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on bail by the officer arresting them on executing each of them a personal bond in a sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the officer arresting them or the concerned investigating officer. The applicants shall also abide by the following conditions:- (i) that they shall make themselves available for interrogation before the investigating officer as and when required; (ii) that 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 him/her from disclosing such facts to the Court or any police officer. (iii) that they shall not act in any manner which will be prejudicial to fair and expeditious trial; and (iv) that they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial; (v) that in case of change of address they will inform new address to investigating agency. Certified copy as per rules. Sd/- (Naresh Kumar Chandravanshi) JUDGE Pathak