1 2025:CGHC:52610 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 946 of 2025 Lekh Ram Dewangan S/o Late Latel Ram Dewangan Aged About 53 Years R/o L.I.G- 578, Housing Board Colony, Sejbahar, Raipur, Tahsil And District Raipur, Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Economic Offence Wing/ Anti Corruption Bureau (E.O.W/ A.C.B.), Raipur, Chhattisgarh. --- Non-Applicant MCRCA No. 1021 of 2025 Shashikant Kurre S/o Shri Siyaram Kurre Aged About 38 Years R/o Posted As Deputy Collector Korba, District- Korba Chhattisgarh. --- Applicant Versus State Of Chhattisgarh Through, Station House Officer C.G. ACB/EOW Raipur, Tehsil - Raipur, District - Raipur Chhattisgarh. --- Non-Applicant MCRCA No. 976 of 2025 Lakheshwar Prasad Kiran S/o. Shri Firturam Kiran, Aged About 53 Years R/o- Sarita Vihar Colony, Bahtarai, Tehsil And District- Bilaspur (C.G.) --- Applicant Versus State Of Chhattisgarh Through, Station House Officer C.G. ACB/EOW Raipur, Tehsil - Raipur, District- Raipur (C.G.). --- Non-Applicant MCRCA No. 1032 of 2025 Basanti Ghritlahare D/o Shratughan Ghritlahare Aged About 36 Years Posted As Patwari, (Tamsivani, Tehsil- Nayapara, Dist- Raipur) R/o Village Odka, Police Station- Arang, District Raipur (C.G.) --- Applicant ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 Versus State Of Chhattisgarh Through Superintendent Of Police, State Economic Offences. Investigation And Anti-Corruption Bureau, Opposite Jai Jawan Petrol Pump, Telibandha Road, District Chhattisgarh. Raipur --- Non-Applicant MCRCA No. 1028 of 2025 D.S. Uike S/o Late Laxman Uike, Aged About 57 Years R/o J.P. Vihar, Sector-2, Mangla, District Bilaspur Chhattisgarh --- Applicant Versus State Of Chhattisgarh Through The Station House Officer, Police Station Torwa, District Bilaspur Chhattisgarh --- Non-Applicant MCRCA No. 1316 of 2025 Mr. Deepak Dev S/o Late Pradeep Dev Aged About 63 Years R/o E-7 Gayatri Nagar, Raipur District- Raipur (C.G.) --- Applicant Versus State Of Chhattisgarh Through Station House Officer C.G. ACB/EOW Raipur District- Raipur (C.G.) --- Non-Applicant MCRCA No. 1285 of 2025 Roshanlal Verma, S/o Shri Balram Verma, Aged About 47 Years R/o 883, Beside Sahu Rewindng, Pragati Nagar, Mowa, Saddu, District Raipur (C.G.) --- Applicant Versus State of Chhattisgarh Through The Police Station A.C.B./ E.O.W., District Raipur, Chhattisgarh. --- Non-Applicant MCRCA No. 1127 of 2025 Nirbhay Sahu S/o. Shri Bhenuram Sahu, Aged About 47 Years R/o- Hig, Preb-399, C/o- Anish Saxsena, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) --- Applicant Versus 3 State of Chhattisgarh, through Superintendent of Police State Economic Offences Investigation And Anti Corruption Bureau Opposite Jai Jawan Petrol Pump Telibandha Road, District - Raipur (C.G.) --- Non-Applicant (Cause title is taken from Case Information System) For Applicant in MCRCA No. 946/2025 : Mr. Jitendra Pali, Advocate For Applicants in MCRCA No. 976/2025 & MCRCA No. 1021/2025 : Mr. Surfaraj Khan, Advocate For Applicant in MCRCA No. 1028/2025 : Mr. Sheshav Kumar Barik, Advocate For Applicant in MCRCA No. 1032/2025 : Mr. Priyamvada Singh, Advocate For Applicant in MCRCA No. 1127/2025 : Mr. Kunal Das, Advocate For Applicant in MCRCA No. 1285/2025 : Mr. B.P. Sharma, Advocate For Applicant in MCRCA No. 1316/2025 : Mr. Manoj Paranjpe, Senior Advocate assisted by Mr. Arpan Verma, Advocate For Respondent/State : Dr. Saurabh Kumar Pande, Dy. Advocate General and Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/10/2025 1. Since all these anticipatory bail applications filed by the respective applicants under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail, apprehending their arrest arise out of similar incidents, though under different crime numbers registered at different police stations, they are being heard and decided by this common order. 2. The relevant particulars with respect to each applicants are as under: 4 MCRCA No. Name of the Applicant Police Station Crime No. Offence under Sections 946/2025 Lekh Ram Dewangan EOW /ACB, District – Raipur (C.G.) 30/ 2025 7(c) of the Prevention of Corruption Act, 1988, and Section 420, 120 (B) of IPC 976/2025 Lakeshwar Prasad Kiran EOW /ACB, District – Raipur (C.G.) 30/ 2025 Section 420, 467, 468, 471, 120-B of IPC r/w Section 7(c) of the Prevention of Corruption Act, 1988 1021/2025 Shashikant Kurre EOW /ACB, District – Raipur (C.G.) 30/ 2025 Section 420, 467, 468, 471, 120-B of IPC r/w Section 7(c) of the Prevention of Corruption Act, 1988 1032/2025 Basanti Ghritlahare EOW /ACB, District – Raipur (C.G.) 30/ 2025 7(c) of the Prevention of Corruption Act, 1988, and Section 420, 467, 468, 471, 120 (B) of IPC 1127/2025 Nirbhay Sahu EOW /ACB, District – Raipur (C.G.) 30/ 2025 Section 420, 467, 468, 471, 120-B of IPC r/w Section 7(c) of the Prevention of Corruption Act, 1988 1285/2025 Roshanlal Verma EOW /ACB, District – Raipur (C.G.) 30/ 2025 Section 420, 467, 468, 471, 120-B of IPC and Section 7(c) of the Prevention of Corruption Act, 1988 1316/2025 Mr. Deepak Dev EOW /ACB, District – Raipur (C.G.) 30/ 2025 Section 420, 467, 468, 471, 120-B of IPC r/w Section 7(c) of the Prevention of Corruption Act, 1988 1028/2025 D.S. Uike Torwa, District – Bilaspur (C.G.) 281/ 2025 Section 420, 467, 468, 471 of IPC 3. The prosecution case, in brief, is that a preliminary inquiry was made regarding financial irregularities while paying compensation 5 worth crores of rupees for the land acquired for the Nayakbandha reservoir in Abhanpur tehsil. The details of the case are as follows that, for the construction of the reservoir in Nayakbandha village, the government had acquired pre-settlement Khasra numbers-461, 460, 459, current Khasra numbers-1592, 1588, 1589, measuring 0.27 hectare, 0.13 hectare, 0.25 hectare of land respectively in the year 1959-60. Before determining the compensation, the Sub-Divisional Officer (Revenue) and Competent Authority Land Acquisition Abhanpur ordered Revenue Inspector Shri Roshan Lal Verma and Shri Dinesh Patel Patwari for village Nayakbandha to submit a report after examining the proposal received from the Central Ministry of Road Transport and Highways, New Delhi, regarding land acquisition for Raipur-Visakhapatnam National Highway widening under Bharatmala Project, by order No. 718 dated 14.05.2020 of the office of Sub-Divisional Officer and Land Acquisition Officer Abhanpur, in compliance with which the report has been submitted by the Revenue Inspector and Patwari. In this report, Shri Roshan Lal Verma Revenue Inspector and Patwari Shri Dinesh Patel have not given information regarding land acquisition. Whereas a letter has been sent by the Tehsildar Abhanpur to Halka Patwari 23 village Nayakbandha for information about correcting the records regarding the land acquired for Nayakbandha tank. In this way, the then Halka Patwari Shri Dinesh Patel and Revenue Inspector Shri Roshal Lal 6 Verma did not submit the report despite knowing about the land acquisition. Since the record in the name of the reservoir was not corrected/mutated, the acquired land was resold and compensation was obtained. As the said land i.e. the previously acquired land, presently Khasra No. 1592, area 0.1300 hectare, falls under the Raipur, Vishakhapatnam proposed Economic Corridor under the National Highway Bharatmala Project announced by the Government of India, the then Land Acquisition Officer and Sub-Divisional Officer (R.) Abhanpur Nirbhay Kumar Sahu, Revenue Inspector Roshan Lal Verma, the then Halka Patwari Dinesh Patel, Village Kotwar Yashwant Kumar in connivance with Kamal Narayan Chaturvedani, Lalit Chaturvedani, Mukesh Chaturvedani father Shri Santram Chaturvedani, Lalit Baghel, Meena Bai, Usha Chaturvedani, Meghraj Chaturvedani, Jharnan Chaturvedani father Shri Rekhram Chaturvedani had committed the crime. The government has been deliberately cheated by paying compensation of Rs 69,89,840/- to Tikamchand Rathi, Purushottam father Jhumarlal, Dinesh Tawari, Nandkishore Tawari, Sawan Tawari, Hemant Tawari father Shri Bal Kishan Tawari, Laldevi Dawari wife Balkishan Tawari for Khasra No. 1588/1,2,3,4 for a total of Rs 1,04,82,762/- and Rs. 59,97,200/- to Paras Kumar Chopra S/o. Shri Sahasmal Chopra for Khasra No. 1589 area 250 Sq. Mt. The FIR has been registered against the accused persons namely Nirbhay Sahu the then Sub Divisional 7 Officer (Revenue) Abhanpur; Dinesh Patel, Halka Patwari; Roshan Lal Verma, Revenue Inspector; Sashikant Kurre, the then Tahsildar Abhanpur; Jitendra Sahu, the then Halka Patwari No. 49, Nayakbandha; Basanti Ghritlahre, Lakheshwar Prasad Kiran, the then Naib Tahsildar Gobra Nawapara; Lekhram Dewangan, Patwari Village No. 24 Tokro and other private persons who have fraudulently obtained compensation. 4. The present applicants/accused are alleged to have misused their official position as public servants and entered into a criminal conspiracy with private individuals who had received compensation in respect of land acquired under the Bharat Mala Project, implemented by the National Highways Authority of India. It is further alleged that the applicants facilitated the sale of land, which had already been acquired by the government, back to the government in connection with the proposed Economic Corridor project between Raipur and Visakhapatnam. Moreover, the prosecution claims that compensation was disbursed to persons other than the rightful landowners, and that compensation was fraudulently issued for private land ineligible for such payment. These acts are alleged to have caused wrongful loss to the government exchequer amounting to several crores of rupees. Based on the said complaint, the Economic Offence Wings, Raipur lodged an FIR at Police Station - EOW /ACB, District – Raipur (C.G.) under Crime No. 30 of 2025 on 23.04.2025 against 08 persons and notices for their appearance were issued against 8 them and the matter is currently under investigation. Being aggrieved by the same, one of the co-accused, namely, Dinesh Patel, who is stated to be Patwari, applied for anticipatory bail being MCRCA No. 679 of 2025 and the same was rejected vide order dated 08.05.2025 by this Court and thereafter, he preferred SLP before the Apex Court, in which ad-interim order has been passed on 23.06.2025. 5. Out of the said 08 accused persons, 07 persons, namely, Lekh Ram Dewangan, Shashikant Kurre, Lakheshwar Prasad Kiran, Basanti Ghritlahare, Deepak Dev, Roshanlal Verma and Nirbhay Sahu have filed aforementioned respective applications for grant of anticipatory bail, apprehending their arrest in pursuant to the impugned FIR registered at Police Station - EOW /ACB, District – Raipur (C.G.) under Crime No. 30 of 2025 dated 23.04.2025. 6. In the meanwhile, the Sub-Divisional Officer (Revenue), Bilaspur sent a Memo No. 515/A.Vi.A./Steno/225, Bilaspur for registration of offence against the accused, alleging therein that at the relevant point of time, the applicant – D.S. Uike was posted as Tahsildar and one Suresh Kumar Mishra was posted as Patwari and the accused persons i.e. applicant D.S. Uike and Suresh Kumar Mishra have done mutation/partition proceedings in respect of the lands proposed to be acquired for construction of National High No. 130-A (Bilaspur-Urga) under Bharatmala Project and thereby the compensation amount was increased, 9 due to which, the government money was misused. On the basis of above memo, the Station House Officer, Police Station, Torwa, District - Bilaspur has registered the offence under Section 420, 468, 468, 471 of IPC against the applicant – D.S. Uike and the then Patwari Suresh Kumar Mishra (now dead) under Crime No. 281 of 2025. Being aggrieved by the same, the applicant – D.S. Uike also filed aforementioned application for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 281 of 2025 registered at Police Station, Torwa, District – Bilaspur (C.G.). 7. On the basis of ad-interim order dated 23.06.2025 passed by the Apex Court in the SLP preferred by the co-accused Dinesh Patel bearing SLP (Crl.) Nos. 9127/2025, this Court has also granted ad-interim to all the applicants vide different orders and the same were extended time and again till date. 8. On 01.09.2025, while hearing MCRCA No. 1316 of 2025, the learned State counsel has pointed out that the co-accused persons, who had filed anticipatory bail applications, there was an interim order granted to them on the basis of order passed by the Hon’ble Apex Court in SLP No.9127 of 2025. In the said order, though interim protection was granted to co-accused namely Dinesh Patel, but the said SLP was finally dismissed by the Hon’ble Apex Court on 28.08.2025 by vacating the interim order and he has been directed to surrender within two weeks before 10 the concerned Court and apply for regular bail. The said fact has not been disputed by the counsel for the applicant, as he tried to make out the case for interference before this Court in the said bail application and on the request of learned counsel for the State, two weeks’ time was granted to file reply in the said case and the interim order granted earlier was extended till next date of hearing. 9. On 11.09.2025, when these matters have been listed for hearing, it has been pointed out by learned counsel for the parties that another order has been passed by the Apex Court in Petition for Special Leave to Appeal (Crl.) No.9614/2025 in the matter of Jitendra Kumar Sahu Vs. State of Chhattisgarh wherein the Apex Court has posted the said matter again on 25.09.2025 and the interim order in the said case has been directed to operate till the next date of hearing. In view of the said fact, the matters were directed to be listed on 07.10.2025 and the interim order granted earlier have been extended. 10. On 07.10.2025, when these matters have been listed for hearing, it has been informed by learned counsel for the applicants that the said matter is fixed in the Apex Court on 09.10.2025. Accordingly, the matters are directed to be listed on 28.10.2025. 11. Today, when the matters are taken up for hearing, it has been informed that the SLP bearing SLP (Crl.) No. 9614/2025 (Jitendra Kumar Sahu Vs. State of Chhattisgarh) has been 11 been allowed by the Apex Court vide order dated 09.10.2025 observing that as the custodial interrogation of the appellant is not warranted at this stage, therefore, it is directed that in the event of appellant being arrested, he shall be released on bail on appropriate terms and conditions to be fixed by the trial Court. However, it has been clarified that no observations/comments have been made on the merits of the case and any observation made in the said order is meant only for the limited purpose of grant of anticipatory bail. 12. Learned counsel appearing for the respective applicants jointly submit that their cases are similar to that of the co-accused Jitendra Kumar Sahu, who has been granted anticipatory bail by the Hon’ble Supreme Court vide order dated 09.10.2025 as the nature of allegations levelled against the said co-accused Jitendra Kumar Sahu and the present applicants are one and same that they had misused their official position as public servants and entered into a criminal conspiracy with private individuals who had received compensation in respect of land acquired under the Bharat Mala Project, implemented by the National Highways Authority of India and they had facilitated the sale of land, which had already been acquired by the government, back to the government in connection with the proposed Economic Corridor project between Raipur and Visakhapatnam and further that compensation was disbursed to persons other than the rightful landowners, and that 12 compensation was fraudulently issued for private land ineligible for such payment. They would further submit that the responsibility for land acquisition, correction of records, and mutation lies solely with the Collector and the Land Acquisition Officer as per Clause 78 of the Land Acquisition Manual. The allegations made are vague and unsupported by evidence. The applicants are fully cooperating in the enquiry and have also submitted detailed replies and clarifications to the concerned authorities. The applicants have no criminal antecedents, and are permanent resident of the State of Chhattisgarh and undertake to abide by all conditions imposed by this Hon’ble Court. Therefore, in the absence of any prima facie case and considering their cooperation and long unblemished service, the applicants deserve the protection of anticipatory bail on the ground of parity similar to that of the co-accused Jitendra Kumar Sahu, who has been granted anticipatory bail by the Hon’ble Supreme Court vide order dated 09.10.2025. 13. On the other hand, learned State counsel opposes the bail applications and submits that the applicants are not entitled for grant of anticipatory bail in this case as the applicants have been earlier granted ad-interim bail by this Hon’ble Court on the basis of ad-interim order dated 23.06.2025 passed by the Apex Court in the SLP preferred by the co-accused Dinesh Patel bearing SLP (Crl.) No. 9127/2025 and the said SLP was finally dismissed by the Hon’ble Apex Court on 28.08.2025 by vacating the interim 13 order and he has been directed to surrender within two weeks before the concerned Court and apply for regular bail. He further submits that in the SLP filed by the co-accused Jitendra Kumar Sahu being SLP (Crl) No. 9614 of 2025, the Hon’ble Supreme Court earlier vide its order dated 01.09.2025 has specifically stated that the High Court shall not extend the principle of parity to other co-accused on the ground that interim protection has been granted to the petitioner herein, without examining each individual case on its own merits and in accordance with law and further that while allowing SLP preferred by the co-accused Jitendra Kumar Sahu being SLP (Crl) No. 9614 of 2025 vide order dated 09.10.2025, the Hon’ble Supreme Court has specifically clarified that they have not made observations/ comments on the merits of the case and any observation made in this order is meant only for the limited purpose of grant of anticipatory bail to the present appellant, therefore, the facility of said order would not be extended to the present applicants because the facility of bail which has been extended by the Hon’ble Supreme Court to co-accused Jitendra Kumar Sahu is applicable for him only and it would not be extended for other persons, as such, the bail applications filed by the applicants must be rejected. 14. I have heard learned counsel for the parties and perused the materials available on record. 14 15. From perusal of the materials available on record it transpires that the present applicants/accused are alleged to have misused their official position as public servants and entered into a criminal conspiracy with private individuals who had received compensation in respect of land acquired under the Bharat Mala Project, implemented by the National Highways Authority of India. It is further evident that the applicants facilitated the sale of land, which had already been acquired by the government, back to the government in connection with the proposed Economic Corridor project between Raipur and Visakhapatnam. Moreover, the prosecution claims that compensation was disbursed to persons other than the rightful landowners, and that compensation was fraudulently issued for private land ineligible for such payment. These acts are alleged to have caused wrongful loss to the government exchequer amounting to several crores of rupees. 16. It is further evident from the record that applicants have been granted ad-interim bail by this Court on the basis of ad-interim order dated 23.06.2025 passed by the Apex Court in the SLP preferred by the co-accused Dinesh Patel bearing SLP (Crl.) No. 9127/2025 and the said SLP was finally dismissed by the Hon’ble Apex Court on 28.08.2025 by vacating the interim order and he has been directed to surrender within two weeks before the concerned Court and apply for regular bail. Further, in the SLP filed by the co-accused Jitendra Kumar Sahu being SLP (Crl) No. 9614 of 2025, the Hon’ble Supreme Court vide its order 15 dated 01.09.2025 has specifically stated that the High Court shall not extend the principle of parity to other co-accused on the ground that interim protection has been granted to the petitioner herein, without examining each individual case on its own merits and in accordance with law and further that while allowing SLP preferred by the co-accused Jitendra Kumar Sahu being SLP (Crl) No. 9614 of 2025 vide order dated 09.10.2025, the Hon’ble Supreme Court has specifically clarified that they have not made observations/ comments on the merits of the case and any observation made in this order is meant only for the limited purpose of grant of anticipatory bail to the present appellant, therefore, the facility of said order would not be extended to the present applicants because the facility of bail which has been extended by the Hon’ble Supreme Court to co-accused Jitendra Kumar Sahu is applicable for him only and it would not be extended for other persons, as such, considering the nature and gravity of allegations levelled against each of the applicants, I am not inclined to grant anticipatory bail to the applicants. 17. Accordingly, the afore-captioned anticipatory bail applications of the applicants – Lekh Ram Dewangan, Lakheshwar Prasad Kiran, Shashikant Kurre, D.S. Uike, Basanti Ghritlahre, Nirbhay Sahu, Roshan Lal Verma and Mr. Deepka Dev, are rejected. The orders granting interim bail to the applicants are vacated. 16 18. The applicants are directed to surrender within a period of two weeks from today. If the applicants surrender and apply for the regular bail, the same shall be considered expeditiously. 19. Pending applications, if any, shall stand disposed of. Sd/- (Ramesh Sinha) Chief Justice Vaishali/Chandra