Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:57481
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1856 of 2025 Govind Prasad Sahu S/o Shri Mayaram Sahu Aged About 44 Years R/o Shriram Chowk Jalampur Dhamtari, Tehsil And Distt.- Dhamtari (C.G.)
... Applicant versus State Of Chhattisgarh Through Police Station Magarlod, District- Dhamtari (C.G.)
... Non-Applicant For Applicant : Mr. R.S.Patel and Mr. Prakhar Dashore, Advocates. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 26.11.2025
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. 314/2024 registered at Police Station – Magarlod, District- Dhamtari (C.G.) for the offence punishable under Sections 318(4), 319(2), 338, 336(3), 340(2), 343, 61(B) and 229 of Bharatiay Nyaya Sanhita, 2023. 2. As per the prosecution case, the date of the incident is stated to be between 17/11/2022 and 24/10/2024. The complainant, Manoj Kumar Bhardwaj, has alleged that the disputed land measuring 0.47 hectare situated in Village Pahanda, Tehsil Magarlod, was originally purchased PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.27 11:35:18 +0530
2 and owned by Chandrahas, S/o Roshanlal Sinha. However, Shobhit @ Mukundi Sahu falsely claimed it to be his ancestral property by submitting a false affidavit and managed to get the land mutated in his own name. Thereafter, the Tahsildar passed an order directing the entry of the mutation in the mutation register, and on the basis of this order, the applicant mutated the name of Shobhit @ Suklal S/o Mukundi. It is submitted that the applicant has not made any alteration, tampering, or forgery in the revenue records. Subsequently, on 17.12.2022, Shobhit @ Suklal S/o Mukundi Sahu sold the land to Chandrahas Sinha S/o Roshan Sinha for Rs. 19,00,000/-, illegally, despite having no lawful ownership over the property. Thereafter, Police Station Magarlod, District Dhamtari (C.G.) registered an offence under Sections 318(4), 319(2), 338, 336(3), 340(2), 343, 61(B), and 229 of the Bhartiya Nyay Sahita, 2023, at Crime No. 314/24. 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 further submitted that the applicant is working as patwari and further the co-accused person, namely, Lakhan Lal Devdas in B.A. No. 28/2025 has been granted anticipatory bail by the trial Court on 29.10.2025 and the other co-accused person, namely, Shobhit Sahu has already been granted anticipatory bail by this Court vide order dated 13.05.2025 passed in MCRCA No.3705/2025, further the applicant has no previous criminal antecedents. Therefore, he prays grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the applicant but could not dispute the fact that the co-accused persons have already been granted anticipatory bail by this Court. 5. I have heard learned counsel for the parties and perused the materials
3 available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and the fact that the co-accused person, namely, Lakhan Lal Devdas in B.A. No. 28/2025 has been granted anticipatory bail by the trial Court on 29.10.2025 and the other co-accused person, namely, Shobhit Sahu has already been granted anticipatory bail by this Court vide order dated 13.05.2025 passed in MCRCA No.3705/2025, further the applicant has no previous criminal antecedents, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case 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 - Govind Prasad Sahu on executing a personal bond with one local surety each in the like sum to the satisfaction of the arresting Officer, they 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti