SURENDRAPAL SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant is second application for grant of anticipatory bail to the Applicant. This Court, vide order dated 6.3.2020 passed in M.Cr.C. (A) No.307 of 2020, had dismissed first application for grant of anticipatory bail as withdrawn granting liberty to file an application under Section 439 of the Code of Criminal Procedure before the Trial Court for grant of regular bail with a direction to the Trial Court that on filing of such an application the same shall be decided in accordance with law preferably on the date of filing. But, instead of filing a regular bail application before the Trial Court, the Applicant has preferred the instant second application before this Court for grant of anticipatory bail.

(2.) The Applicant is apprehending his arrest in connection with Crime No.252 of 2019 registered with Police Station Manendragarh, District Koriya for offence punishable under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.

(3.) Case of the prosecution, in brief, is that on 1.7.2019 a written complaint was filed by Devpriya Ekka against 11 persons alleging that on 17.2.2009 she had purchased a land measuring area 1.348 hectares which was a part of Khasra No.148 from Shivnarayan and others through a registered sale-deed. After mutation, khasra number of the purchased land was converted to 148/2. Thereafter, she submitted an application for demarcation of the land. On 29.6.2019, demarcation of the land bearing Khasra No.148/2 was done. Then she came to know that a part of the land bearing Khasra No.148/2 was again sold to some other purchasers by the same sellers showing that part to be bearing Khasra No.148/1, 148/3 and 148/4. Allegedly, the present Applicant was posted there as a Patwari of the said area/halka, i.e., Village Chaughada, Patwari Halka No.26. Allegedly, the present Applicant through his own login id and password, conspiring with other co-accused persons, did division of the naksha (map) and prepared khasra and naksha in which part of the land bearing Khasra No.148/2 was also included. On the basis of the written complaint, First Information Report was registered. On completion of investigation, a charge-sheet was filed on 25.12.2019 in which the present Applicant was shown to be absconded. Thereafter, the first application for grant of anticipatory bail was moved by the Applicant and on dismissal of the said application as withdrawn with liberty, as stated above in first paragraph of this order, the Applicant has preferred the instant second application for grant of anticipatory bail.