1 2025:CGHC:51715 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1493 of 2025 Md. Iqbal S/o Md. Israil Aged About 53 Years R/o Village Aara, Police Chowki Bariyo, Police Station And Tehsil Rajpur, District- Balrampur-Ramanujganj, C.G. ... Applicant versus State Of Chhattisgarh Through Police Chowki Bariyo, Police Station Rajpur, District- Balrampur-Ramanujganj, C.G. ... Respondent For Applicant : Shri Manoj Paranjpe, Sr. Advocate along with Shri Anshul Tiwari, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. For objector : Shri Arham Siddiqui, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16/10/2025 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.168/2025 registered at Police Station – Police Chowki Bariyo, Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.17 18:00:35 +0530 2 Rajpur, District Balrampur-Ramanujganj, Chhattisgarh for the offences punishable under Sections 318(4), 336(3), 338, 340(2), 61, 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the case of the prosecution, in relation to the complaint received from one Virendra Gupta and other villagers of village panchayat Aara, Tehsil Rajpur, District Balrampur Ramanujganj against the applicant and other persons, alleging that they have misrepresented the government land Khasra no. 285, 395, 931/28, 889/13 area 0.04, 0.24, 0.95, 3.02 Acre, Khasra no. 878/35 area 1.30 acre, 878/36 rakba 1.31 acre, 878/38 area 1.43 acre, Khasra no. 899/20, 931/22, 931/42 area 2.73, 0.95, 1.29, 1.00 acer and Khasra no. 931/22, 931/27 area 0.26, 0.07 Acre of land in revenue records by committing fraud and by tampering the Adhikar Abhilekh of the year 1954-55 in name of applicant and other co-accused. On the said complaint, an enquiry committee was constituted to investigate the revenue records. The said committee has investigated the relevant revenue records and the entries made in Adhikar Abhilekh (record of rights). After investigation and perusal of the relevant documents such as the Surguja Settlement Record, Adhikar Abhilekh of the year 1954-55 and year wise Khasra, the committee has come to a conclusion that certain entries made in the Adhikar Abhilekh of the village Aara in the year 1954-55 are illegal. Thereafter, the investigation report was submitted to the Collector and the Collector on the basis of the said report wide order dated 18.06.2025 has directed to register the FIR against the present applicant and against the other co-accused. 3 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case arising out of political rivalry and long-standing land disputes. The land in question, Khasra No. 931/28, measuring 0.962 acres at Village Aara, District Balrampur- Ramanujganj, was lawfully allotted to the applicant in 1990 by the Tehsildar, Ambikapur, and Bhumiswami rights were duly granted. The applicant’s name was entered in the revenue records after due proceedings and confirmation by the Tehsildar’s order dated 13.03.2008. He would submit that the Collector’s order dated 18.06.2025, directing registration of FIR against the applicant, is mechanical and without consideration of the applicant’s reply or the supporting revenue documents. The order was even passed against deceased persons. Importantly, the land of the applicant (Khasra No. 931/28) was never part of the disputed government land restored by the Collector. He would submit that the allegations of forgery or manipulation of revenue records are baseless and unsupported by any document. No evidence exists to show that the applicant committed fraud or conspiracy or obtained any wrongful gain. The essential ingredients of Section 420 IPC (cheating) are absent, and no offence under any penal provision is made out. He would submit that co- accused Israil has already been granted anticipatory bail by this Court vide order dated 01.09.2025 vide MCRCA No.1319/2025. He would submit that the applicant is a permanent resident, having no risk of absconding, and has been acquitted in earlier criminal cases. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. Learned counsel appearing for the objector vehemently opposes the prayer for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the facts & circumstances of the case, submission of learned counsel for the parties, material available on record, nature and gravity of offence and also considering the fact that investigation and trial are likely to take some time, without further commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Md. Iqbal, on executing a 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 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 5 disposal of the trial. (d) The applicant 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 shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri