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2026 DAILYLAW 5035 (CHH)

MOHAN SINGH MAKKAD v. STATE OF CHHATTISGARH

MCRCA/424/2026 · 2026-03-18

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Judgment text

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1 2026:CGHC:13166 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 424 of 2026 Mohan Singh Makkad S/o Late Nanak Singh Aged About 57 Years R/o D- 78, Sector-5 Devendra Nagar, Pandri, P.S. Pandri, District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- P.S. Purani Bhilai, District – Durg (C.G.) ... Non-applicant For Applicant : Mr. Prafull N. Bharat, Senior Advocate, assisted by Mr. Harshal Chouhan, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. For Objector : Mr. Sharad Prakash Yadav, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.03.2026 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. 296/2019 registered at Police Station – Purani Bhilai, District – Durg (C.G.) for the offence punishable under Sections 420, 467, 468, 471 read with Section 34 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that one Dilip Hinduja made a written report that the present applicant along with other co- accused persons committed forgery in the revenue records and made Khasra No.463/34 area 0.097 hectare to area 0.084 hectare and the remaining land of 1400 square feet were recorded in the name of Mohan Nanak Singh RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 and which was subsequently sold to one Prabha Verma, in the original rin pustika name of Edan Das was erased and Laxman S/o Edan Das has been made whereas father of Laxman Das is late Teekam Das thus the accused person had committed the aforesaid offences. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that there is already a civil suit with regarding to the same piece of land is pending between the earlier land owner and the complainant, and the complainant has given colour of criminality to a civil dispute. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as learned counsel for the Objector opposed the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 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 applicant, and from the perusal of the case diary it transpires that there is already a civil suit with regarding to the same piece of land is pending between the earlier land owner and the complainant, and the complainant has given colour of criminality to a civil dispute, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 3 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mohan Singh Makkad on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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 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 Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar