1 2025:CGHC:19129 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 588 of 2025 Jitendra Banjara S/o Brijlal Banjara Aged About 41 Years R/o Rama Valley, Police Station - Chakarbhata, Bilaspur, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station - Sarkanda, District- Bilaspur (C.G.) ... Respondent For Applicant : Shri Hemant Kesharwani, Advocate. For Respondent/State : Shri Hariom Rai, PL. For objector : Shri T.S. Sah, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28/04/2025 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.496/2025 registered at Police Station – Sarkanda, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.29 19:06:13 +0530 2 Bilaspur (C.G.) for the offences punishable under Sections 308 (5), 331, 3(5) B.N.S.S. and 3, 4 of Karja Act. 2. Case of the prosecution, in brief, is that on 31.03.2025 the complainant Dr. Sanjay Banjare lodged the report alleging that he borrowed loan of Rs. 16,00,000/- from the co-accused Ashish Tandan through bank account, aforesaid loan was paid, however, the Ashish Tandan demanded Rs. 27,00,000/- and forcefully taken sign in sale agreement in respect of the house situated at Mathpurena, Raipur. It is allegation against the present applicant that on 31.03.2025 the accused Ashish Tandan along with present applicant threatened the complainant and demanded of Rs. 27,00,000. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that there are financial transaction between the accused Ashish Tandan and complainant Sanjay Banjare. He would submit that the applicant is advocate, member of the High Court Bar Association. He would further submit that entire allegation taken as it is then it is admitted that the complainant obtained money of Rs. 16,00,000/- from co-accused Ashish Tandan, the complainant executed sale agreement and pertaining to the house situated at Mathpurena, Raipur with co-accused Ashish Tandan. He would submit that the accused never filed any application for cancellation of the sale agreement before any competent court. He would submit that there are financial transaction between the 3 complainant and Ashish Tandan the present applicant is only providing legal assistant to the co-accused Ashish Tandan. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. Learned counsel appearing for the objector submits that he has no objection for grant of anticipatory bail to the applicant. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and considering the nature of allegation that the present applicant alongwith accused Ashish Tandan threatened the complainant and demanded Rs. 27,00,000/- and materials available on record, without further commenting anything on merits, this Court find 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 – Jitendra Banjara, on 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:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person 4 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