1 2025:CGHC:44395 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1319 of 2025 • Israil S/o Late Abbas Aged About 82 Years R/o Village- Aara, Police Chowki Bariyo, Police Station- Rajpur, Tehsil- Rajpur, District- Balrampur-Ramanujganj (C.G.) ... Applicant versus • State Of Chhattisgarh Through- Police Chowki - Bariyo, Police Station Naya Rajpur, District- Balrampur-Ramanujganj, Chhattisgarh. (But The Impugned Order Wrongly Mentioned As Police Station Rajpur) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Manoj Paranjpe, Senior Advocate along with Mr. Aditya Dhar Diwan, Advocate For Respondent/State : Mr. Atanu Ghosh, Deputy G.A. Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/09/2025 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.168/2025 registered at Police Station – Bariyo, District-Naya Raipur (C.G.) for the offences punishable under Sections – 318(4), 336(3), 338, 340(2), 61, 3(5) of BNS, 2023. 2. As per the case of the prosecution, in relation to the complaint received from one Virendra Gupta and other villagers of village VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.02 17:27:24 +0530 2 panchayat Aara, Tehsil Rajpur, District Balrampur Ramanujganj against the applicant and other persons, alleging that they have misrepresented the government land Khasra no. 285, 395, 931/28, 889/13 area 0.04, 0.24, 0.95, 3.02 Acer, Khasra no. 878/35 area 1.30 acer, 878/36 rakba 1.31 acer 878/38 area 1.43 acer, Khasra no. 899/20, 931/22, 931/42 area 2.73, 0.95, 1.29, 1.00 acer and Khasra no. 931/22, 931/27 area 0.26, 0.07 Acer of land in revenue records by committing fraud and by tempering the Adhikar Abhilekh of the year 1954-55 in name of applicant and other co-accused. On the said complaint, an enquiry committee was constituted to investigate the revenue records. The said committee has investigated the relevant revenue records and the entries made in Adhikar Abhilekh (record of rights). After investigation and perusal of the relevant documents, such as the Surguja Settlement Record, Adhikar Abhilekh of the year 1954-55 and year wise Khasra, the committee has come to a conclusion that certain entries made in the Adhikar Abhilekh of the village Aara in the year 1954-55 are illegal. Thereafter, the investigation report was submitted to the Collector and the Collector on the basis of the said report vide order dated 18.06.2025 has directed to register the FIR against the present applicant 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the entire allegation is totally baseless. It is argued by learned counsel for the applicant is that the allegation levelled against the present applicant is that applicant along with co- accused have misrepresented the Government lands bearing Khasra nos. 285, 395, 931/28, 889/13 area 0.04, 0.24, 0.95, 3.02 Acre, 3 Khasra no. 878/35 area 1.30 acre, 878/36 rakba 1.31 acre 878/38 area 1.43 acre, Khasra no. 899/20, 931/22, 931/42 area 2.73, 0.95, 1.29, 1.00 acre and Khasra no. 931/22, 931/27 area 0.26, 0.07 acre of land in revenue records by committing fraud and by tempering the ‘Adhikar Abhilekh’ of the year 1954-55 in name of applicant and other co-accused. He also submits that applicant is old age person, aged about 82 years and he is not able to move or perform his day to day affairs, as he is suffering from Paralysis in the left part of his body and he is dependent upon other family members, copy of the medical documents are also annexed with this bail application, which is marked as Annexure-A/7. Further, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer 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, gravity of offence, submissions made by learned counsel for the parties and also considering the fact that applicant is old age person, aged about 82 years and suffering from Paralysis in the left part of his body and the conclusion of the trial is likely to take some time, without commenting anything on merits, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Israil, on executing a personal bond and one surety in the like sum to the satisfaction of the 4 arresting Officer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali