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2025 DAILYLAW 61376 (CHH)

SANJAY KUMAR VERMA v. STATE OF CHHATTISGARH

MCRCA/1946/2025 · 2025-12-10

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Judgment text

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1 2025:CGHC:60440 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1946 of 2025 Sanjay Kumar Verma S/o Anand Ram Verma Aged About 43 Years R/o Gali No. 3, Mahadev Nagar, Changora Bhanta, Raipur, District – Raipur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Nandini Nagar, District - Durg Chhattisgarh ... Non-Applicant For Applicant : Mr. Sunil Otwani, Senior Advocate along with Mr. Deepak Sharma, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 11.12.2025 1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 201/2025, registered at Police Station – Nandini Nagar, District - Durg (C.G.) for alleged commission of offence punishable under Sections 318(4), 338, 336(3), 340(2) of Bharatiya Nyaya Sanhita, 2023 and Section 66(c) of Information and Technology Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.12 19:05:41 +0530 2 2. The prosecution's case, in brief, is that the complainant, Radheshyam Verma, the Tahsildar at the Tahsil Office, Ahiwara, lodged a written report at Police Station Nandini. He stated that certain individuals fraudulently obtained the User I.D. Code No. PAT 430600016, which was allotted to Patwari Krishna Kumar Sinha. Using this code, they created forged documents related to land with Khasra Nos. 1051/23, 1051/24, 1051/25, 1546/4, and 1546/5, totaling 5.9750 hectares in Village Achhoti, Tahsil Ahiwara, recorded in the name of one Dinu Ram Yadav in the Kissan Kitab. Based on these forged documents, Dinu Ram Yadav obtained a loan from the State Bank of India, Nandini Nagar Branch, District Durg, and the loan amount was transferred into multiple bank accounts. Upon receiving complaints about discrepancies in the khasra numbers, the concerned Patwari inspected the revenue records and found that the signatures in the Kissan Kitab did not belong to Patwari Krishna Kumar Sinha or Tahsildar Smt. Yogita Banjare. Further inquiry with the Kanungo Department revealed that the Kissan Kitab had not been issued by their office, and the signatures on Form-C and the Patwari Report were also forged. An inquiry report was prepared and submitted to the Sub- Divisional Officer (Revenue), Bhilai-3. Acting on the directions of higher authorities, the suspicious khasra numbers were deleted from the online revenue records. Based on this report, offences were registered against Dinu Ram Yadav, S. Ram Banjare, and others. Consequently, the present FIR, bearing Crime No. 201/2025, was registered. As for the present applicant, it is alleged that a portion of the loan amount sanctioned to Dinu Ram Yadav was transferred to various bank accounts, including a sum of Rs. 5,00,000, which was credited to the applicant’s son's bank account. 3 3. The learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the case. He further submits that there is no incriminating material against the present applicant and merely on the basis of memorandum statement of the co-accused he has been implicated in the present case. It is apt to state that the name of the applicant is not mentioned in the First Information Report and after the passage of substantial period the applicant is added as an accused person with an object to do the arm twisting. The applicant has been implicated as an accused on the ground that the alleged amount was transferred in the bank account of the son of the present applicant. It is respectfully submitted that the son of the present applicant has already been granted anticipatory bail by this Hon'ble Court in MCRCA No. 1483/2025 vide order dated 23.09.2025. In the entire prosecution story the applicant is no where beneficiary of any amount. The ultimate beneficiary of the loan account was main accused namely Dinu Ram Yadav who has transferred amount to the tune of Rs. 20,00,000/- to accused Nand Kishore Sahu and Rs. 5,00,000/- to the son of the applicant namely Shiyankhik Verma. Both accused person are already enlarged upon bail by this Hon'ble court in MCRCA/1483/2025 vide order dated 23.09.2025 and in MCRC/7828/2025 vide order dated 06.11.2025. He also submits that the applicant has no previous criminal antecedents. Hence, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and from perusal of the case diary reveals that in the Kissan Kitab No. P-586498 provided by the bank, Dinu Ram Yadav, son of Suraj Yadav, holding Account No. 394, is recorded with Khasra Nos. 1051/26, 1534/3, 1538/3, and 1546/6, with respective areas of 1.5000, 4 3.000, 1.6000, and 1.9000 hectares, totaling 4 khasra numbers and 8.0000 hectares of land in Village Achhoti, Patwari Circle No. 16, Tahsil Ahiwara. The Kissan Kitab bears the signatures of the Patwari and the Naib Tehsildar, which, upon verification with the current Patwari, Krishna Kumar Sinha, and Naib Tehsildar, Smt. Yogita Banjare, were found to be forged. Further, when the Kanungo, Shri Jeevadhan Devangan, stationed at the Tehsil office, was inquired about the suspicious Kissan Kitab, he confirmed that the allocation of this Kissan Kitab had not been received by their office. Additionally, the signatures on Form C and the Patwari Report provided by the bank were also confirmed to be forgeries by the Revenue Inspector and the Halka Patwari. The documents submitted to the bank, including the PAN card, list the mobile number 7470937733 of Dinu Ram Yadav, the loan recipient. Based on the inquiry report submitted by the Patwari regarding the suspicious khasra numbers, a formal revenue case was registered by the Naib Tehsildar of Ahiwara. After reviewing the report, the Sub-Divisional Officer (Revenue), Bhilai-3, issued a formal order to delete the suspicious khasra numbers from the revenue records. Thus, it has been established that the ID number of Patwari Krishna Kumar Sinha was misused to create suspicious khasra numbers, based on which Dinu Ram Yadav obtained a loan from the State Bank of India (SBI). The loan amount was subsequently transferred to various bank accounts. Specifically, a sum of Rs. 5,00,000.26/- was transferred from Dinu Ram Yadav’s account to the applicant's son Shiyankhik Verma’s account through cheque number 043765231440 on 27.06.2025. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 5 6. Considering the facts and circumstances of the case, the allegations levelled against the applicant, and upon perusal of the available records, it transpires that based on the inquiry report submitted by the Patwari regarding the suspicious khasra numbers, a formal revenue case was registered by the Naib Tehsildar of Ahiwara, after reviewing the report, the Sub-Divisional Officer (Revenue), Bhilai-3, issued a formal order to delete the suspicious khasra numbers from the revenue records, thus, it has been established that the ID number of Patwari Krishna Kumar Sinha was misused to create suspicious khasra numbers, based on which Dinu Ram Yadav obtained a loan from the State Bank of India (SBI), the loan amount was subsequently transferred to various bank accounts, specifically, a sum of Rs. 5,00,000.26/- was transferred from Dinu Ram Yadav’s account to the applicant's son Shiyankhik Verma’s account through cheque number 043765231440 on 27.06.2025, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the Anticipatory Bail application of the applicant – Sanjya Kumar Verma, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 201/2025, registered at Police Station – Nandini Nagar, District - Durg (C.G.) for alleged commission of offence punishable under Sections 318(4), 338, 336(3), 340(2) of Bharatiya Nyaya Sanhita, 2023 and Section 66(c) of Information and Technology Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Preeti