1 2025:CGHC:6601 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 322 of 2025 Harishankar Sonkar @ Harishakar Jharray S/o Parasram Sonkar Aged About 60 Years R/o Mahamaya Chowk, Basantpur, District - Rajanandgaon, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Police Staton - Basantpur, District Rajnandgaon, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Rishabh Bisen, Advocate. For Non-Applicant(s) : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/02/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 539/2024 registered at Police Station Basantpur, District Rajnandgaon (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 420, 120/34 of Indian Penal Code (for short ‘IPC’). 2. Case of the prosecution, in brief, is that the complainant and applicant entered into an agreement on January 28, 2012, for a piece of land owned by the applicant, with the complainant agreeing to register the land within 10 months after making full payment. The land in question is approximately 6.10 dismil in size, comprising two plots - Khasra No. 145/4, which is about 4.85 dismil, and Khara No. 167, which is about 1.25 dismil, located in Patwari Halk No. 27, Nandai Khar, Rajnandgaon district. As part of the agreement, the complainant received an advance of Rs.12,00,000/- on January 28, 2012, and a further Rs.18,00,000/- on April 28, 2012. However, things took a turn when the applicant published an advertisement on July 8, 2023, donating the land in question, which was still subject to the agreement between the two parties. Thereafter complainant then lodged an F.I.R on December 16, 2024, against the applicant and other co-accused. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant and complainant entered into an agreement on January 28, 2012, which specified that the complainant would register the land (Khasra No. 145/4 and Khara No. 167) within 10 months after making full payment. The agreement also stated that if the registry was not done within 10 months, the agreement would automatically become infructuous and the advanced payment would be non-returnable. However, after the 10-month period lapsed, no registry was done by the 3 complainant. The applicant then sent a legal notice to the complainant on September 27, 2016, asking them to complete the registry within 15 days. The notice was received by the complainant's wife, but the complainant did not respond or initiate any action to complete the registry within the specified time-frame. It is only after a lapse of 10-12 years that the complainant is now attempting to bring this civil dispute into a criminal case, allegedly to pressure the applicant into completing the registry or to extract more money. The applicant argues that this is an abuse of the criminal justice system and that they had no intention of cheating the complainant, as evidenced by the fact that they sent a legal notice to the complainant to complete the registry. He also submits that on 18.07.2023 applicant has published an notice for donating the land bearing Khasra No. 145/4, area about 4.85 Dismil and Khara No. 167 are about 1.25 Dismil total area about 6.10 Dismil located at Patwari Halk No. 27 Nandai Khar, Revenue Inspection Division:-Rajnandgaon, District:- Rajnandgaon (C.G) to its Social Welfare like School, Hospital, Student Hostel purpose, on which the complainant is objecting but not initiated for the registry, this conduct of applicant shows that applicant is not having personal profit, further two of the co-accused persons, namely, Parasram Sonkar and Daduram Sonkar have been granted anticipatory bail by this Court vide order dated 10.01.2025 in MCRCA No.41/2025 The applicant is in jail since 18.12.2024, the applicant has one criminal antecedent of the year 2024 under similar nature, in which he is on bail, charge-sheet has been filed and the trial is likely to 4 take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has not been filed in the present case. He further submits that the applicant alongwith other co-accused persons have conspired to receive payments clandestinely and served a notice regarding non-execution of the sale deed, the accused later sold portions of disputed land to Lata Golcha, prompting Adani to issue a Public Disclaimer Notice, further they collectively engaged in fraudulent conduct, receiving substantial payments without executing the sale deeds, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, period of detention of the applicant since 18.12.2024, there appears to be civil dispute between the parties regarding non-execution of sale deed despite monetary transactions and criminal liability, further two of the co-accused persons, namely, Parasram Sonkar and Daduram Sonkar have already been granted anticipatory bail by this Court vide order dated 10.01.2025 in MCRCA No.41/2025 and the applicant has only one criminal antecedent of identical nature, in which he is on bail, further charge-sheet has been filed, which is taken on record, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 5 7. Let the Applicant-Harishankar Sonkar @ Harishakar Jharray, involved in Crime No. 539/2024 registered at Police Station Basantpur, District Rajnandgaon (C.G.) for the offence punishable under Sections 420, 120/34 of IPC, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate 6 or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil