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2025 DAILYLAW 6009 (CHH)

NARESH YADAV v. STATE OF CHHATTISGARH

MCRCA/139/2025 · 2025-01-27

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Judgment text

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1 2025:CGHC:4733 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 139 of 2025 Naresh Yadav S/o Balram Yadav Aged About 35 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 ... Non-applicant For Applicant : Mr. Rishabh Gupta, Advocate. For Non-applicant/State : Mr. S.S Baghel, Deputy G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.01.2025 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 read with Section 120-B and Section 34 of Indian Penal Code,1860. 2. As per the prosecution’s case, in brief is that the F.I.R. was lodged on 08.12.2024 by the Tehsildar, Mainpat, regarding an incident KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 alleged to have occurred between 2015-2023. It is alleged that the present applicant, along with other co-accused, fraudulently registered government land bearing Khasra No. 173/7, situated in Village Narmadapur-Mainpat, in his name and subsequently obtained a loan from the Cooperative Bank, Narmadapur-Mainpat branch, by falsely presenting himself as the owner of the said land. Therefore, the aforesaid offences have been registered against the accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He also submits that the present applicant has no criminal antecedents. He further submits that the other co-accused persons, namely, Chandrawati, Kavita Yadav, Sanjay Yadav, Niraj Yadav, Atal Yadav and Rajwanti Yadav have already been granted anticipatory bail by this Court in MCRCA Nos. 44/2025, 11/2025 and 09/2025, vide order dated 10.01.2025 and 08.11.2024 respectively. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned counsel for the applicant and submits that the present applicant, along with other co-accused, fraudulently registered government land bearing Khasra No. 173/7, situated in Village Narmadapur- Mainpat, in his name and subsequently obtained a loan from the Cooperative Bank, Narmadapur-Mainpat branch, by falsely 3 presenting himself as the owner of the said land, therefore, he is not entitled for grant of anticipatory bail. 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 persons, namely, Chandrawati, Kavita Yadav, Sanjay Yadav, Niraj Yadav, Atal Yadav and Rajwanti Yadav have already been granted anticipatory bail by this Court in MCRCA Nos. 44/2025, 11/2025 and 09/2025, vide order dated 10.01.2025 and 08.11.2024 respectively, 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 – Naresh Yadav, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 4 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 Kunal