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2025 DAILYLAW 34796 (CHH)

AMARNATH TYAGI v. STATE OF CHHATTISGARH

MCRCA/1069/2025 · 2025-07-21

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Judgment text

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1 ] 2025:CGHC:34925 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1069 of 2025 • Amarnath Tyagi S/o Mangat Singh Tyagi Aged About 83 Years R/o House No. 445, Baniya Para, Near Gopal Mandir, Purani Basti District Raipur C.G. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Telibandha, District Raipur C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rajeev Shrivastava, Senior Advocate alongwith Ms. Kajol Chandra, Advocate For Respondent/State : Mr. Sakib Ahmed, Panel Lawyer For Objector : Mr. Shobhit Mishra, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 377/2025 registered at Police Station – Telibandha, District – Raipur (C.G.) for the offence punishable under Sections 420, 467, 468, 471 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that the petitioner tried to commit fraud in the revenue records of land situated in Jora village PH No. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.25 20:19:15 +0530 2 112 bearing Khasra No. 275, 276/1, 286, 271/1, 271/2, 274/1 admeasuring 2.158 hectare and Khasra No. 277. 284/3, 285, 276/2, 276/3 admeasuring 2.923 hectare by adding his name in the revenue records stating that the applicant is the only legal heir of Lt. Harisingh Tyagi. The complainant further stated the the petitioner committed the aforesaid offence after having the knowledge of the Will of LT. Harisingh Tyagi which was in the favour even of the complainant Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the offence took place on 24.12.2007 and the FIR was registered on 21.06.2025 i.e. after a long gap of 18 years. He also submits that the land mentioned in the FIR was rightfully registered in the name of the applicant by the order of Tehsiladar on 24.12.2007 in accordance with the law and also mentioned that after the death of Lt. Harisingh Tyagi, no representation has been made by the complainant to the appropriate authorities for name to be recorded in the revenue records. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel and learned counsel for the Objector opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that there is a long delay in 3 lodging the FIR against the present applicant and also looking to the age of the present applicant, who is aged about 83 years old, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Amarnath Tyagi on executing a personal bond with 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 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)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali