1 2025:CGHC:55372 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1733 of 2025 Bappa Ganguly S/o Late Ashutosh Ganguly Aged About 58 Years R/o 160, Ward No. 6, Satyanand Pally, Tahsil Pankhanjur, Police Station Pakhanjur, District Kanker (C.G.) ...Applicant versus State Of Chhattisgarh Through Officer-In-Charge, Police Station Pakhanjur, District- Kanker (C.G.) ...Non-applicant For Applicant : Mr. Aman Ansari, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.11.2025 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. 26/2024 registered at Police Station – Pakhanjur District – Kanker (C.G.) for the offences punishable under Section 420 of IPC. 2. The prosecution case as per complaint of misappropriation against the paddy collection at Kosir the Collector has ordered on 09.03.2025 to VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.14 11:31:52 +0530 2 investigate by 5 members committee regarding misappropriation of collection of paddy, then it was found that about 3043.32 paddy about Rs. 94,33,982/-was reduced as per record and committee was prepared list of 33 farmers in which the name of present applicant is mentioned. Based upon the such complaint of the complainant, police has registered FIR against the accused persons and applicant for the offence u/s 318(4), 316(5), 3(5) of Bharatiya Nyay Sanhita. 3. The applicant submits that she is innocent and has been falsely implicated in the present case. He further submits that the applicant is a respectable and law-abiding citizen of Pakhanjur and enjoys social respect as a Congress leader in the area. The applicant has held several responsible positions, including President of Nagar Panchayat Pakhanjur, President of Krishi Upaj Mandi Narayanpur, and President of the Forest Produce Committee, Bhanupratpur, as well as other high posts within the political party. Hence, his arrest in connection with the alleged offence would cause serious harm to his reputation. It is submitted that the President of a Nagar Panchayat or any other local authority has no power to grant patta of government or local body land, as such matters fall within the jurisdiction of the Revenue Department, and patta is granted only on the basis of long possession. No such application was ever filed by the complainant before the competent revenue authority. The allegation regarding the complainant’s entitlement to patta is false, as Nagar Panchayat Pakhanjur had already passed a resolution on 14.03.2022 proposing the establishment of the “Ancho Baster Canteen,” as communicated by the Assistant Commissioner, Tribal Development Section, Office of the District Collector, Kanker, a copy of which is annexed herewith as 3 Annexure A-2. The alleged incident is said to have taken place on 15.06.2021, whereas the written report was lodged only on 01.02.2024, after an unexplained delay of nearly three years, clearly indicating that the complaint is politically motivated and intended to malign the applicant, who belongs to the opposition party. The applicant, being a cultivator and a respectable citizen, has been falsely implicated due to political vendetta and misuse of power. The applicant is ready and willing to furnish adequate surety and abide by any conditions imposed by this Hon’ble Court. He is a permanent resident of House No. 160, Ward No. 6, Satyanand Pally, Tahsil Pakhanjur, Police Station Pakhanjur, District Kanker (C.G.), and there is no likelihood of his absconding or tampering with the prosecution witnesses, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State Counsel appearing for the non- applicant/State opposes the bail application and submits that the applicant has eight criminal antecedents four cases registered under the IPC and four Istegasha cases and therefore, he is not entitled to the benefit of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by the learned counsel for both parties, the nature of the dispute, and the material available in the case diary, it is observed that the criminal cases registered against the applicant are of an old 4 nature. therefore, without expressing any opinion on the merits of the cases, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Bappa Ganguly, 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) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav