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2025 DAILYLAW 41473 (CHH)

KISHORE YADAV v. STATE OF CHHATTISGARH

MCRCA/1308/2025 · 2025-08-31

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Judgment text

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1 / 3 2025:CGHC:44401 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1308 of 2025 Kishore Yadav S/o Saraju Yadav, Aged About 50 Years R/o Main Road Bhatgaon, P.S. And District - Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. - Bhatgaon, District - Surajpur (C.G.) (Wrongly Mentioned As District - Sarguja (C.G.) In The Impugned Order) ... Non-applicant For Applicant : Mr. Syed Majid Ali, Advocate. For Non-Applicant/State : Mr. S.S. Ubeja, Panel Lawyer. 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. 38/2024 registered at Police Station – Bhatgaon, District – Surajpur (C.G.) for the offences punishable under Sections 420,468,467,471 and 34 of the Indian Penal Code. 2. The prosecution case, in brief is that one Manju Singh who is a police official working as a Assistant Sub Inspector (ASI) in P.S.-Jairamnagar, District - Surajpur filed a complaint case U/S. 156 (2) of Cr.P.C. that VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.01 18:35:21 +0530 2 / 3 she has been cheated by the present applicant in collusion with government officials. And the role of the applicant is that he had alleged to have forged the documents by showing government land as a private land and the applicant along with other co-accused persons have cheated the complainant by preparing forged documents in a conspiracy. 3. The applicant submits that he is innocent and has been falsely implicated in the present case, which essentially arises out of a civil dispute. The complainant, who is a police official working as an A.S.I., has tactfully filed a complaint under Section 156(3) Cr.P.C., alleging forgery and cheating, whereas the applicant had no role in creating any document as alleged. It is submitted that a registered sale deed was duly executed between the parties, and mutation was carried out by the revenue authorities. The applicant had no role in the sale or purchase of the disputed land, and as per the prosecution, he only introduced the complainant to one Rampyari, while the status of the land is to be determined by the revenue authorities. It is further submitted that in M.Cr.C.A. No. 985/2025, co-accused Santosh Singh has already been granted anticipatory bail by order dated 10.07.2025, a copy of which is filed as Annexure A-3. The applicant, therefore, prays for grant of anticipatory bail on parity as well as on other grounds that may arise during the course of hearing, therefore, 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 bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case 3 / 3 diary. 6. Considering the facts and circumstances of the case, and the fact that in the present matter the co-accused, namely Santosh Singh, has already been granted anticipatory bail by this Court in M.Cr.C.A. No. 985/2025 vide order dated 10.07.2025, this Court is inclined to grant anticipatory bail to the present applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kishore Yadav, 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) 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/- Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav