1 2025:CGHC:55419 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1688 of 2025 • Shivcharan Kaushal S/o Itwari Ram Aged About 53 Years (Wrongly Mention As Etwari Ram) R/o Quarter No. 99 G Praimari Health Senter Dumarpali Raigarh, Distt. Raigarh, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through The Station House Officer, P.S. Pasan, Distt. Korba, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Goutam Khetrapal, Advocate For Respondent/State : Ms. Supriya Upasne, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.11.2025 1. This is first 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.181/2025 registered at Police Station – Pasan, District – Korba (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2) of BNS, 2023. 2. The prosecution story, in brief, is that the complainant, Shri Suman Das Manikpuri, Naib Tehsildar, Podi Uprora, appeared at the Korbi Outpost on 18.09.2025 and lodged a written complaint. It was stated that in compliance with Office Order No. 1983/A.V.A./Vachak/2025 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.17 11:36:06 +0530 2 dated 17.09.2025, issued by the Sub-Divisional Magistrate (SDM), it was found that the land situated at village Lalpur, P.H. No. 20, R.N.M. Korbi, comprising Khasra Nos. 89/82, 89/83, 89/84, and 89/85, total area 9.0340 hectares, is government land. Upon verification, it came to light that Shivcharan, S/o Itwari Mahara, had fraudulently converted the said government land into his own name by manipulating government records. Further, the accused/applicant mortgaged the said land with Axis Bank, Durg, and availed a loan against it, thereby causing wrongful loss to the government and committing acts of forgery and cheating. On the basis of the said written complaint dated 18.09.2025, an FIR was registered on 19.09.2025 at Pasan Police Station under Crime No. 181/2025 for offences punishable under Sections 318(4), 336(3), 338, and 340(2) of the Bharatiya Nyaya Sanhita (BNS). The matter is presently under investigation. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that applicant has not committed any cheating or fraud with the complainant, applicant has been regularly paying the loan interest and installments to the bank as per the agreed terms, hence there is no element of cheating or deception involved on the part of the applicant. He further submits that the charge-sheet has not been filed in the present case, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that charge-sheet has not been submitted in the present case and applicant has nor any criminal antecedent. 3 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, and submissions made by learned counsel for the parties and considering the fact that applicant has no criminal antecedent, therefore, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shivcharan Kaushal on executing a personal bond with 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 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 themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali