1 2025:CGHC:9377 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 267 of 2025 Lalit Kumar Maheshwari S/o Jeevanlal Maheshwari Aged About 50 Years R/o Ward No. 7, Tumgaon Road Mahasamund, District- Mahasamund (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Mahasamund, District- Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Priyank Rathi, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.02.2025 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. 04/2024 registered at Police Station – Mahasamund, District – Mahasamund (C.G.) for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.25 11:17:37 +0530 2 2. The prosecution's case is that the case diary of Crime No. 04/2024 of Mahasamund Police Station reveals that the complainant, Vishal Chandrakar, filed a complaint against the accused/applicant, Lalti Kumar Maheswari, in the Court of the Chief Judicial Magistrate, Mahasamund. The complaint alleged that the applicant, in collusion with revenue ofÏcials, fraudulently mutated a plot of land, Khasra No. 1320, measuring 0.03 hectares (3229 square feet), in his name. However, he illegally increased the area to 5720 square feet and got it registered in his name. The complaint further alleged that Lalit Kumar Maheswari, through a registered sale deed, transferred 2536 square feet of land to Mona Chawla, wife of Surinder Singh Chawla, on 25.11.2010, and another 3184 square feet on 10.10.2010. Subsequently, Mona Chawla and Surinder Chawla got the land registered in their names and took possession of it. Based on this complaint, a case was registered against Lalit Kumar Maheswari and others under Sections 420, 467, 468, and 471 of the Indian Penal Code at Mahasamund Police Station. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He argues that the diversion in question was based on a report by the Patwari on 04.10.2004, following a measurement of the land on site according to ofÏcial records. The applicant had no involvement in the Patwari's ofÏcial duties. He further submits that all allegations against the applicant are baseless and false. Additionally, he points out that a dispute exists between the applicant and co-accused Surinder, stemming from a sale deed executed between the 3 applicant and his wife. Following this, they applied to the Tehsildar and successfully transferred the property (Khasra No. 1319) into their names. A civil suit has also been filed by the complainant against them. He also submits that the present case is of a purely civil nature and the applicant has no criminal antecedents except the present, 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 of the present applicant and submits the accused purchased land bearing Khasra No. 1320, measuring 0.03 hectares, equivalent to 3229 square feet. However, the revenue records show that the land area was illegally increased to 5720 square feet through diversion and forgery, therefore, he is not entitled for grant of anticipatory bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the present case is of a purely civil nature, and the applicant has no criminal antecedents, therefore, without further commenting anything on merits, 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 – Lalit Kumar Maheshwari, on executing a personal bond and one surety in the like sum to the 4 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 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 Abhishek