1 2025:CGHC:15007 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 440 of 2025 Hafizulla Khan S/o Late Shri Khaleelullah Khan Aged About 61 Years R/o Ashrafi Road, Farid Nagar, Supela, Bhilai, Tahsil And Distt.- Durg (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Supela, Police Outpost- Smriti Nagar Distt.- Durg (C.G.) 2 - Sarveshwar Dayal Mishra S/o Shri B.D. Mishra Aged About 65 Years R/o Kohaka, Purani Basti, Ward No. 13, Bhilai, Thana- Supela, Distt.- Durg (C.G.) ... Respondent For applicant : Shri Sunil Sahu, Advocate. For Respondent/State : Shri S.S. Baghel, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28/03/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 276/2025 registered at Police Station –Supela, Outpost Smriti GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.29 18:18:50 +0530 2 Nagar, Distt. Durg (C.G.) for the offences punishable under Sections 120-B, 34, 420, 467, 468 of IPC. 2. Case of the prosecution, in brief, is that complaint/Respondent no. 2 filed an application under section 156(3) of Cr.P.C. on 15.01.2024 before the Learned JMFC Durg and in the said application, the complainant sought time to argue the matter from 02.02.2024 to 05.08.2024 and on 30.08.2024, learned Magistrate called for the Inquiry Report from the concerned Police Station, thereafter the case is fixed for report and again the time has been sought for argument in the case and all of sudden on 20.02.2025 without considering the police report only on the basis of the averment made in the application learned Magistrate Judge passed the order issuing the direction to register the FIR and submit the report to the competent Court. The averment made in the application is that the land of Khasra No. 69/03 new Khasra No. 76/01 containing area 2 acre 20 Dismil was sold by Kunjlal on 18.07.1978 and 1980 to the various persons and on 14.08.2007 again the sale-deed has been executed by Kunjlal in the name of applicant and one Raju Khan, in place of the seller original name Kunjlal S/o Shri Lavan Singh by caste Kurmi in the sale-deed dated 14.08.2007, the name Kunjlal S/o Shri Lakhan Singh by caste- Satnami has been mentioned, in the said document Rajesh Pradhan as well as Khemraj identified him therefore complaint case is filed against 5 persons including Kunjlal who died by way back. 3 3. Learned counsel for the applicant submits that the applicant along with co-accused Raju Khan purchased the property on 14/08/2007 and sold as it is on 24/05/2008 as the document submitted at the time of sale deed by seller Kunjlal, therefore the applicant cannot be held responsible. He further submits that the co-accused Raju Khan has challenged the FIR of the present case in which interim protection has been granted in CRMP No.1071/2025 on 26/03/2025. Therefore, learned counsel for the applicant prays that the applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, also considering the fact that co-accused Raju Khan who has challenged the FIR of the present case has been granted interim protection in CRMP No.1071/2025 on 26/03/2025, also considering the fact that dispute between the parties is civil in nature and the fact that investigation and trial are likely to take time, therefore I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Hafizulla Khan, on his executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- 4 (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 his adhaar card along with a coloured 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri