1 2025:CGHC:1264 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 9 of 2025 Rajwanti Yadav W/o Jhoudiram Aged About 80 Years R/o Village - Narbadapur (Chhindpar), P.S. - Kamleshwarpur, Tahsil - Mainpat, District Surguja, (C.G.) Note - Age Of The Applicant Wrongly Mention In Impugned Order A/1. ... Applicant versus State Of Chhattisgarh Through P.S. - Kamleshwarpur, District - Surguja, (C.G.) ... Non-applicant For Applicant(s) : Mr. A.K. Yadav, Advocate For Non-applicant(s) : Mr. U.K.S. Chandel, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.01.2025 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending her arrest in connection with Crime No.95/2024 registered at Police Station– Kamleshwarpur, Distric- Surguja (C.G.) for the offence punishable under Sections 420, 467, 468, 471 and 120(B) of IPC. 2. Prosecution case in brief is that the complainant namely Sanjay Kumar has lodged an FIR before the police station - KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Kamleshwarpur, stated therein that present applicant and other co-accused persons have recorded their name in revenue record of government land and they have taken loan on said land. Thereafter, police of police station Kamleshwarpur has registered a case as a crime No. 95/2024 for the offences punishable under section 420, 467, 468, 471 and 120 (B) of I.P.C against the applicant and others co-accused. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant is lady and senior citizen aged about 80 years. Some part disputed land was granted lease in the name of Sanjay Yadav, who is grandson of the of the applicant issued by the collector Surguja in Revenue Case No. 14873/A- 19(1)/2007-08. He further submits that on 18.10.2010 in Revenue Case No. 62/A 19(1) some part of the disputed land granted the lease as a Bhoomi Swami Patta to the grandson of the applicant namely Pradeep Kumar. Some person has made complaint therefore SDO (R) Sitapur, registered the case for cancellation the Patta of land Khasra No 301 as well as other Khasra against the said proceeding the grandson of the applicant and others have filed writ petition before this Hon'ble Court which was registered as WPC No. 4896/2024, that on 27.09.2024 the co-ordinate bench of this Court has granted interim protection and further directed till the next date of hearing the petitioners shall not be disturb from their passion. The allegation against the present applicant that 3 she has obtain the forge Patta of part of Khasra No. 301 and according to the FIR, incident was taken place in the year of 2015 after 10 years of the incident, FIR has been Registered without explaining of delay. He further submits that the applicant has no authority to record her name in revenue record as well as on line recoded the name of the applicant, after verification and longtime possession the land has been granted lease & recorded by the revenue authority. Accordingly, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary and further the fact that the applicant is an old lady aged about 80 years and the FIR has been lodged after a delay of 10 years for which no explanation has been offered, therefore, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rajwanti Yadav, on executing a personal bond with one surety in the like sum to the 4 satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- (a) She 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 her from disclosing such fact to the Court. (b) She shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) She 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) She shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal