Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:4245
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 119 of 2025 Shivraj Yadav S/o Sainath Yadav, Aged About 50 Years, Occupation- Farmer, R/o Gram-Narmadapur, Police Station- Kamleshwarpur, District- Sarguja, Chhattisgarh.
... Applicant versus State of Chhattisgarh through Police Station Kamleshwarpur, District- Sarguja, Chhattisgarh.
... Respondent For Applicant :- Mr. Arpan Verma, Advocate. For State :- Mr. U.K.S. Chandel, Dy. Adv. General Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 23/01/2025
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. 95/2024 registered at Police Station – Kamleshwarpur, District – Surguja (C.G.) for the offences punishable under Sections 420, 467, 468, 471, 120 (B) of the IPC. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.01.24 17:23:48 +0530
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2. Prosecution case, in brief, is that the FIR was lodged by the Tehsildar on 08.12.2024 that during the period between 2015-2023, the present applicant along with other co- accused persons has fraudulently registered Government land situated at village Naramadpur, Mainpat in his favour and thereafter fraudulently obtained the loan from the Corporative Bank branch, Narmadapur, Mainpat by pertaining himself as an owner of the said land. Consequently, the offences mentioned in the opening paragraph of the order were registered against the present applicant.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the other co-accused persons namely Chandrawati, Kavita Yadav, Sanjay Yadav and Niraj Yadav have already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 44 of 2025 vide order dated 10.01.2025 and also Ramsurat has also been granted anticipatory bail by Hon’ble Court in MCRCA No.71 of the 2025 vide order dated 15.01.2025. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity.
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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 diary.
6. Considering the facts & circumstances of the case that in the present case, the co-accused person, namely, Chandrawati, Kavita Yadav, Sanjay Yadav and Niraj Yadav have already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 44 of 2025 vide order dated 10.01.2025 and also Ramsurat has also been granted anticipatory bail by Hon’ble Court in MCRCA No.71 of the 2025 vide order dated 15.01.2025. Therefore, I am 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 – Shivraj Yadav on executing 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) the applicant(s) 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.
4 (b) the applicant(s) shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) the applicant(s) 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(s) 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)
the
applicant(s)
shall
not
involve himself/herself/themselves in any offence of similar nature in future. -
Sd/-
(Ramesh Sinha)
Chief Justice Ankit