Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:15679
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2602 of 2025 Devendra Shukla S/o Late Kalika Prasad Shukla Aged About 68 Years R/o LIG 497, Housing Board Colony Gobranawapara, District Raipur Chhattisgarh.
... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Khamhardih, Raipur, District – Raipur, Chhattisgarh.
…. Non-applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board 03.04.2025
1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 501/2024 registered at Police Station – Khamhardih, Raipur, District – Raipur (C.G.) for the offence punishable under Section 420 of the Indian Penal Code (IPC).
2. Case of the prosecution, in brief, is that the complainant has made written complaint to the concerned Police Station that the applicant is running as property dealing and Shri Sanjay Kumar Agrawl and Rita Bai are owner of the subject land and Shri Sanjay Kumar Agrawal RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 was executed a sale agreement with the applicant by consideration amount of Rs. 42,00,000/- per acre on dated 13.02.2024 and thereafter, the applicant has executed an agreement with the company upon the such subject land by total consideration amount of Rs. 72,00,000/- which was received by the applicant in which amount of Rs. 51,00,000/- has deposited on accou8nt of company of Director through cheque no. 000204 on dated 31.12.2024 and Rs. 21,00,000/- has deposited at the OfÏce of Sale Tax Colony in present of Kishan Chand Jain and prior to registration of the property, objection notice has been publication in daily news paper on 27.09.2024 then the complainant has made objection and registered FIR against the applicant. On the basis of the written complaint, the Police has registered the offence under Section 420 of the IPC against the applicant for the aforesaid offence. Hence, this application.
3.
Learned counsel appearing for the applicants submits that the applicants are innocent and has been falsely implicated in the present case. It is submitted that the applicants are in jail since 27.11.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that the complainant has made written complaint to the concerned Police Station that the applicant is running as property dealing and Shri Sanjay Kumar Agrawl and Rita Bai are owner of the subject land and Shri Sanjay Kumar Agrawal was executed a sale agreement with the applicant by consideration amount of Rs. 42,00,000/- per acre on dated 13.02.2024 and thereafter, the applicant has executed an agreement with the
3 company upon the such subject land by total consideration amount of Rs. 72,00,000/- which was received by the applicant in which amount of Rs. 51,00,000/- has deposited on accou8nt of company of Director through cheque no. 000204 on dated 31.12.2024 and Rs. 21,00,000/- has deposited at the OfÏce of Sale Tax Colony in present of Kishan Chand Jain and prior to registration of the property, objection notice has been publication in daily news paper on 27.09.2024 then the complainant has made objection and registered FIR against the applicant. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that the complainant has made written complaint to the concerned Police Station that the applicant is running as property dealing and Shri Sanjay Kumar Agrawl and Rita Bai are owner of the subject land and Shri Sanjay Kumar Agrawal was executed a sale agreement with the applicant by consideration amount of Rs. 42,00,000/- per acre on dated 13.02.2024 and thereafter, the applicant has executed an agreement with the company upon the such subject land by total consideration amount of Rs. 72,00,000/- which was received by the applicant in which amount of Rs. 51,00,000/- has deposited on accou8nt of company of Director through cheque no. 000204 on dated 31.12.2024 and Rs.
21,00,000/- has deposited at the OfÏce of Sale Tax Colony in present of Kishan Chand Jain and prior to registration of the property, objection notice has been publication in daily news paper on 27.09.2024 then the complainant has made objection and registered FIR against the
4 applicant, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, this bail application of applicant – Devendra Shukla involved in Crime No. 501/2024 registered at Police Station – Khamhardih, Raipur, District – Raipur (C.G.) for the offence punishable under Section 420 of the IPC, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice
Rajshekhar