Khelan Singh vs State Of Chhattisgarh
2022 Latest Caselaw 6272 Chatt

                                                                          NAFR
                  HIGH COURT OF CHHATTISGARH, BILASPUR
                            M.Cr.C(A) No.1213 of 2022


1.

Khelan Singh S/o Pancham, Aged About 56 Years Caste Gond, R/o Village Bariumrao Police Station And Tahsil Pendra, District Gaurela- Pendra- Marwahi (Chhattisgarh)

2. Sampat S/o Somnath Aged About 49 Years Caste Gond, R/o Village Bariumrao Police Station And Tahsil Pendra, District Gaurela- Pendra- Marwahi (Chhattisgarh)

3. Ratiram, S/o Prem Singh Aged About 60 Years Caste Gond, R/o Village Bariumrao Police Station And Tahsil Pendra, District Gaurela- Pendra- Marwahi (Chhattisgarh)

4. Ganesh Prasad S/o Baluram Yadav, Aged About 52 Years Caste Gond, R/o Village Bariumrao Police Station And Tahsil Pendra, District Gaurela- Pendra- Marwahi (Chhattisgarh)

5. Bharat Singh Marco, S/o Samesingh, Aged About 42 Years Caste Gond, R/o Village Bariumrao Police Station And Tahsil Pendra, District Gaurela- Pendra- Marwahi (Chhattisgarh)

6. Bhikham Singh S/o Somnath Yadav Aged About 52 Years Caste Yadav, R/o Village Bariumrao Police Station And Tahsil Pendra, District Gaurela- Pendra-

   Marwahi (Chhattisgarh)                                         ----Applicants


                                      Versus

State Of Chhattisgarh Through Station House Officer, Police Station Pendra, District Gaurela- Pendra- Marwahi (Chhattisgarh) ---- Non-Applicant

For Applicants: Shri Ashok Soni, Advocate.

For Non-Applicant/State : Shri Anmol Sharma, PL.

Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 14.10.2022

1. This 2nd anticipatory bail application under Section 438 of the Code of

Criminal Procedure has been filed by the Applicants, who are apprehending their

arrest in connection with Complaint Case No.45/2020 registered at Police Station

- Pendra, District - Gaurela-Pendra-Marwahi (CG) for the offence punishable

under Sections 420, 467, 468 and 471/34 IPC. Earlier application has dismissed

in default vide order dated 08.08.2022 passed in M.Cr.C(A) No.292 of 2022.

2. Prosecution case is that the present Applicants along with other accused

have fraudulently prepared a forged Will pertaining to the land belonging to one

Bhavsingh, who died issue less, therefore, the aforesaid offence has been

registered against them.

3. Shri Soni submits that the present Applicants are innocent and have been

falsely implicated in the crime in question. He further submits that the nature of

dispute is civil, earlier, the application as filed by the Complainant has been

dismissed against which, a Criminal Revision bearing No.40/2019 was preferred

by the Complainant, which was allowed by the Sessions Judge, Pendra Road on

the basis of which, an offence has been registered against the present

Applicants. He further submits that Civil Suit No.35-A/2010 filed by Applicant

No.1-Khelan Singh has been decided in favour of the present Applicants, copy of

judgment dated 02.12.2015 passed by Civil Judge, Class-1, Pendra Road has

been annexed herewith, therefore, the present Applicants may be granted

anticipatory bail.

4. Per contra, learned Counsel for the State opposed the said prayer.

5. Considering the facts and circumstances of the case, the submissions

made, also considering the material annexed herewith and the nature of dispute

is civil, without further commenting anything on merits, I am inclined to grant

anticipatory bail to the Applicants.

6. It is directed that in the event of the Applicants' executing a personal bond

for a sum of Rs 25,000/- with one surety each in the like sum to the satisfaction

of the arresting Officer, they shall be released on bail on the following conditions:-

(a) they 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) they shall not act in any manner which will be prejudicial to fair and expeditious trial, and

(c) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

(d) they not involve themselves in any offence of similar nature in future.

Sd/-

(Deepak Kumar Tiwari) Judge Priya