Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:28671
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3070 of 2025 1 - Lata Khunte W/o Shri Dileram Khunte Aged About 45 Years R/o Village- Ganga- purkhurd, Police Station, Gandhinagar, Tehsil- Ambikapur, District- Sarguja (C.G.)
--- Applicant versus 1 - State Of Chhattisgarh Through, Station House Officer P.S. Gandhinagar, Tehsil- Ambikapur, District- Surguja (C.G.)
--- Respondent
For applicant : Mr. Ayush Lal, Adv. For Respondent : Mr. Amandeep Singh, Panel Lawyer ( Hon'ble Shri
Naresh Kumar Chandravanshi,
J)
Order on Board 27-6-2025 1 This is 2nd bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 95/2024 registered at Police Station Gandhinagar, Tehsil Ambikapur, District Sarguja (C.G.), for the offence punishable under Section 420, 467, 468, 419 of the IPC. Her first bail Digitally signed by AVANISH KUMAR PATHAK Date: 2025.06.30 11:03:18 +0530
2 application bearing MCRC No. 7436/2024 was dismissed as withdraw by this Court vide order dated 22-3-2025. 2 Allegation against the applicant is that, she entered into an agreement to sell her land bearing Khasra No. 89/2 area 19 decimal situated at Gangapur Khurd, Ambikapur, District Sarguja with the complainant for consideration of Rs. 34 Lakhs, to which, the complainant also paid her Rs. 10 Lakhs vide Phonepay and cheque. After arranging remaining sale consideration, when complainant requested her to get executed registered sale deed, she did not talk to him and also stopped to pick his phone call. Subsequently, he came to know that, the applicant has also entered into agreement to sell of that land with various other persons and thereby she has cheated the complainant. Based on above facts, present crime has been registered against the applicant and after completion of investigation, charge sheet has been filed against her for the offence punishable under Section 420, 467, 468 and 419 of the IPC. 3
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. She has never refused to execute registered sale deed in favour of complainant, rather, she was always ready for the same, but complainant himself refused to get executed registered sale deed in his favour. Thereafter, the applicant entered into agreement to sale with other persons.
Learned counsel further submits that, applicant is a lady and is in jail since 1-3- 2024, charge sheet has already been filed, conclusion of trial may take long time, the applicant is permanent resident of Ambikapur and there is no chance of her absconding, hence, she may be enlarged on bail. 4 On the contrary, learned State counsel opposes the application for grant of bail and submits that, there are 5 other criminal antecedents of the applicant for the offence under Sections 420, 467 and 468 of the IPC as she has cheated
3 various persons on pretext of providing them equipment. Hence, he prayed, that instant bail application may be rejected. 5 Heard learned counsel for the parties and perused the material available on record and on the case diary. 6 Allegation against the applicant is that, the applicant, despite obtaining advance amount from the complainant, did not execute registered sale deed of her land in favour of complainant and thereby cheated him, whereas the applicant is alleging that, complainant himself did not get registered sale deed by paying remaining sale consideration. Having considered the facts of the case and the fact that charge sheet has already been filed, the applicant is a lady and is in jail since 1-3-2024, I feel inclined to release the applicant on bail. 7 Accordingly, the bail application is allowed and it is directed that the applicant shall be released on bail on her furnishing a personal bond in sum of Rs. 1,00,000/- with two sureties each of Rs. 50,000/- to the satisfaction of the concerned trial Court for her appearance before the trial court regularly on each and every date as per direction of the court, unless exempted from appearance. Certified copy as per rules. Sd/-
(Naresh Kumar Chandravanshi)
JUDGE Pathak/-