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2025 DAILYLAW 60471 (CHH)

PURNIMA SINHA v. STATE OF CHHATTISGARH

MCRCA/1917/2025 · 2025-12-03

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Judgment text

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1 2025:CGHC:58901 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1917 of 2025 1. Purnima Sinha D/o Purushottam Sinha Aged About 25 Years Caste Gond, R/o Village Mayana, Tehsil Charama, P.S. Charama, Distt. Uttar Bastar Kanker, Chhattisgarh. 2. Pratima Sinha W/o Suresh Sinha Aged About 50 Years Caste Kalar, R/o Village Mayana, Tehsil Charama, P.S. Charama, Distt. Uttar Bastar Kanker, Chhattisgarh. 3. Priyanshu Sinha S/o Suresh Sinha Aged About 25 Years Caste Kalar, R/o Village Mayana, Tehsil Charama, P.S. Charama, Distt. Uttar Bastar Kanker, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Station House Officer, P.S. Charama, District - Uttar Bastar Kanker, Chhattisgarh. … Non-Applicant For Applicants : Mr. Syed Mohammad Sohail, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.12.2025 1. This 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. 123/2025 registered at Police Station – Charama, District - Uttar Bastar Kanker (C.G.) for the offence punishable under Sections 420, 467, 468, 34 of Indian Penal Code and Sections 340 and 318(4) of Bharatiay Nyaya Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.05 18:16:48 +0530 2 2. The prosecution case, in a nutshell, is that the present case arises out of FIR No. 123/2025, registered at Police Station Charama, District Uttar Bastar Kanker, alleging that the applicants fraudulently procured Forest Rights Pattas by creating forged documents and causing loss to the Government. The applicants submit that they are simple agriculturists and that the pattas were lawfully issued to them pursuant to the Gram Sabha resolution dated 21.12.2021, the recommendation of the Forest Rights Committee, the recording of their possession in the revenue records, and the issuance of the pattas by the Naib Tehsildar himself. However, on the basis of an incomplete report submitted by the Assistant Commissioner, Tribal Department, the same Naib Tehsildar abruptly cancelled the pattas on 15.09.2025, without conducting any proper inquiry and even before the expiry of the statutory appeal period, and directed the lodging of the FIR in undue haste. The entire case rests on government records, and there is no allegation that the applicants fabricated or forged any document themselves. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and has been falsely implicated in this case. It is further submitted that the co-accused persons have already been granted anticipatory bail by this Court passed in MCRCA Nos. 1839/2025 and 1840/2025 vide order dated 21.11.2025, copy of the same has been annexed as Annexure A/3 of this bail application. Further the applicant has no previous criminal antecedents. Therefore, he prays grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the applicant but could not dispute the fact that the co-accused have already been granted anticipatory bail by this Court. He further submits that applicant No. 3 has one previous 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 leveled against the applicants and the fact that the co-accused persons have already been granted anticipatory bail by this Court passed in MCRCA Nos. 1839/2025 and 1840/2025 vide order dated 21.11.2025, further the applicant Nos. 1 and 2 have no previous criminal antecedents and applicant No.3 has one previous criminal antecedent, hence, this Court is of the view that the applicants are 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 Nos. 1, 2 and 3 - Purnima Sinha, Pratima Sinha and Priyanshu Sinha on executing a personal bond with one local surety each in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The Applicants 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 them from disclosing such fact to the Court. (b) The Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicants 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 Applicants 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 Applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti