1 2025:CGHC:48605 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1463 of 2025 Mahant Ramesh Giri S/o Sadachand Giri Aged About 73 Years Occupation - Mahanti, Designation Mahant, R/o Bodhgaya Math, Place - Bodhgaya, District Gaya (Bihar) ... Applicant versus The State Of Chhattisgarh Through Station House Officer, Police Station Lundra, District : Surguja Chhattisgarh ... Respondent For Applicant : Shri Rishikant Mahobia, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22/09/2025 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.213/2024 registered at Police Station – Lundra, District Surguja (C.G) for the offences punishable under Sections 318(4), 3(5) of Bhartiya Nyaya Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.23 10:46:25 +0530 2 2. Case of the prosecution, in brief, is that the complainant namely Arun Singh has lodged report alleging that the property bearing Khata Number 177 total 14 plot, area 14.9220, Khata Number 178 total 33 plot, area 17.9830 hectors, Khata Number 179 total plot 19 area 09.64 hectors and Khata Number 370 total 11 plot area 10.2390 hectors belongs to Bodhgaya Math at Village Silsila. The property is situated at Village - Silsila District - Surguja (C.G.) and now the Collector, Surguja is the Manager of property. Allegation against the present applicant is that in order to grab the property of Bodhgaya Math, the present applicant has executed Power of Attorney in favour of one Biju Kujur for management of said property on 21.06.2021. Hence FIR has been registered. 3. Learned counsel for the applicant submits that the allegation raised against the applicant are false and fabricated and on the basis of suspicion, the applicant has been made accused in this case. He would submit that when the Power of Attorney was executed, the present applicant was acting as Mahant of Bodhgaya Math therefore, he has executed document on the basis of authority. He would submit that if the allegations made by the complainant has to be taken into consideration, then it is a case of civil nature and the complainant can file civil suit. He would submit that there are five criminal antecedents against the applicant and in four cases he has been granted anticipatory bail. He would submit that co-accused persons namely Shivnandan Beck, Baijnath, Siyaram Khes, & Mugul Ram Minj have been granted anticipatory bail by this court in MCRCA No.58 of 2025 on 14/01/2025, co-accused Biju @ Biju Kujur has been granted regular bail by this Court in MCRC No.2215/2025 on 02/07/2025 and co- 3 accused persons namely Nirmal Ekka, Agatus Kerketta and Rajaram Lakda have been granted anticipatory bail by this Court in MCRCA No.37/2025 on 10/01/2025, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, materials available on record, considering the fact that co-accused persons namely Shivnandan Beck, Baijnath, Siyaram Khes, & Mugul Ram Minj have been granted anticipatory bail by this court in MCRCA No.58 of 2025 on 14/01/2025, co-accused Biju @ Biju Kujur has been granted regular bail by this Court in MCRC No.2215/2025 on 02/07/2025 and co-accused persons namely Nirmal Ekka, Agatus Kerketta and Rajaram Lakda have been granted anticipatory bail by this Court in MCRCA No.37/2025 on 10/01/2025 and also considering the fact that investigation and trial are likely to take some time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mahant Ramesh Giri, on executing a personal bond and one local 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 4 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 along with a coloured 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri