ORDER

This is the first bail application filed on behalf of the applicant/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under apprehension of his arrest, in connection with Crime No.274/2023, registered at Police Station Civil Lines, Harda, District Harda (M.P.) for the offences punishable under Sections 420 and 384/34 of Indian Penal Code.

2 . Learned Senior Counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. It is submitted that FIR was lodged on 10.7.2023 of incident taking place between 2009 to 2023. Applicant was Patwari in Village Damani, Tehsil Handia, District Harda. It is submitted that forged signature is said to have been made on mutation register and fraudulent documents were prepared by accused persons for transfer of land belonging to Scheduled Tribe to non-tribal persons. As per allegations in Village Jamli Damami scheduled Government land meant for tribals has been mutated in name of non-tribals by forgery and manipulation of documents. As per allegation, applicant using his Id. has mutated the land belonging to tribals in favour of non-tribals. It is submitted that applicant made entries in the mutation register on basis of entries which were available and made by earlier Patwari and Tehsildar posted at relevant time. There is no evidence to indicate that applicant had forged the entries or he was aware of forgery done and he made wrong entries to gain illegal money. Applicant made mutation entries on basis of mutation done in year 2016. It is submitted that applicant has not made any entry in mutation register. It is further submitted that applicant is a Government servant and there is no likelihood of his absconding from law and will co-operate in investigation and trial. In these circumstances, applicant may be enlarged on anticipatory bail.

3 . Learned Govt. Advocate appearing for the State opposed the application for grant of anticipatory bail. It is submitted by him that forgery has been committed by the applicant and huge amount of money has been received by the applicant being Patwari of village to complete the task of making forged entries for transfer of tribal land to non-tribals. Applicant is required for investigation. In these circumstances anticipatory bail application be dismissed. 4. Heard the learned counsel for the parties. 5 . One Abhishek Mishra, Patwari of Village Sonkhedi has filed a complaint regarding transfer of tribal land in favour of non-tribals of Village Jamli Damami. Record was corrected. Entries were made in record by making forged signature of Tehsildar. Revenue cases were of year 2009 and 2010 and mutation entries were verified in year 2013-14 and current records were corrected in year 2022-23 which were suspicious. Mutation entries were said to have been made on basis of order passed by Tehsildar, Harda. Records were corrected by respective Patwaris by using their Id. On basis of said application, Collector Harda has constituted a team for identifying the cases where illegalities have been committed.

6 . Enquiry team constituted of SDO, Tehsildar and Upper Collector, District Harda. Statement of Rajesh S/o Narprasad Bishnoi, resident of village Jamli Damami, Lokesh S/o Narmada Prasad Bishnoi, resident of Jamli Damami, Sharad S/o Premnarayan Bishnoi resident of Jamliubari, Vidya Bai W/o Shantilal Bishnoi, resident of Revapur, Lucky Bishnoi S/o Brijmohan Bishnoi, resident of Samradha was recorded. Replies of current Tehsildar namely, S. U. Sayyed, J. L. Maran, Ajay Sharma and Archana Gupta were considered and their signatures were obtained. Show cause notice was also issued to then Patwaris and records were examined in detail by the enquiry committee.

Enquiry report was submitted on 6.7.2023 and it was found that entries were made in revenue records giving reference to Sanshodan Panji (mutation register). Entries were made by Patwari using their Id.