1 2025:CGHC:10562 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 301 of 2025 • Reman Singh S/o Karan Singh Sahu Aged About 41 Years (Wrongly Mention Ramesh Singh In Order Sheet), R/o Village- Rahud, Tahsil - Gunderdehi, District- Balod (C.G.). ...Applicant. versus • State Of Chhattisgarh Through The Station House Officer, Police Staion- Khairagarh, District-Khairagarh-Chhuikhadan-Gandai (C.G.). ...State/Respondent. For Applicant : Shri Goutam Khetrapal, Advocate. For State : Shri Nitansh Jaiswal, PL. For Objector Shri Hemant Kesharwani, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 04/03/2025 1. This First anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.03.05 15:45:53 +0530 2 been filed by the applicant, who is apprehending his arrest in connection with Crime No.22/2025 registered at Police Station Khairagarh, District-Khairagarh-Chhuikhadan-Gandai C.G. for the offence punishable under Sections 420, 120-B, 467, 468, 171 & 120 of Indian Penal Code. 2. Prosecution case, in brief, is that complainant Akash Pandey lodged report at Police Station, Khairagarh alleging therein that he is recorded owner of lands bearing 5 Khasra numbers, total area 6.511 hectare situated at village Mandla, tahsil Khairagarh district Khairagarh-Chhuikhadan Gandai and he is taking care of his lands. It is alleged that the the applicant and other co-accused persons got the sale deed executed in favour of present applicant in respect of the subject land after providing liqour to the complainant by preparing forged and fabricated Rin-pustika of the subject lands. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the alleged commission of offence. Learned counsel further submits that the present applicant has neither committed nor participated in any such act which may amount to any of the offence mentioned above. Learned counsel for the applicant submits that complainant is owner of land bearing Khasra No.10/1, 161/3, 275, 101/2 & 92/1 admeasuring area 3.695, 0.303, 0.053, 1.027 & 1.433 hectare respectively village Mandla, Tahsil Khairagarh, 3 District- Khairagarh-Chhuikhadan-Gandai C.G. and the complainant has executed the sale deed after obtaining the consideration amount from the present applicant in presence of the witnesses. Learned counsel also submits that the Complainant has also executed power of attorney in favour of co-accused Mithlesh Sahu on 10.01.2023 and on the basis of said power of attorney the sale deed was executed in favour of the applicant and no specific role is attributed to the present applicant. He submits that offences are triable by the JMFC and the dispute between the applicant and complainant is purely of civil in nature and the applicant is a government servant who has no criminal antecedents. Considering the backdrop, the applicant may be released on anticipatory bail. 4. On the other hand, learned State counsel as well as counsel for the objector has opposed the prayer for grant of anticipatory bail. 5. Learned counsel for the complainant/objector would submit that co-accused Krishna Verma has prepared the forged Mukhtiyarnama on 10.01.2023 in favour of another co-accused Mithlesh Verma and the said Mithlesh Verma has executed registered sale deed in favour of present applicant on 19.02.2024. He further submits that the applicant hatched a conspiracy with other accused persons to commit the crime in question. It is submitted that the amount mentioned in the sale deed was never received by the objector nor the cheques have been handed over 4 to the complainant. It is further submitted that in the said Muhtiyarnama, the name of present applicant is mentioned as witness. It is further submitted the present applicant and other co- accused persons have taken the entire land of the complainant on the basis of forged Muhtiyarnama and did not pay even a single penny to the complainant. Lastly, it is submitted that for all the aforesaid reasons the bail application may be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, material available in case diary and also the fact that the dispute between the applicant and complainant is purely of civil in nature, without further commenting anything on merits, this Court finds it appropriate to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Reman Singh, 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) 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. 5 (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 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) He shall not involve himself in any offence of similar nature in future. SD/- (Ramesh Sinha) Chief Justice Avinash