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2025 DAILYLAW 19622 (CHH)

DHARMENDRA KUMAR v. STATE OF CHHATTISGARH

MCRCA/602/2025 · 2025-04-29

body2025

Judgment text

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1 2025:CGHC:19395 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 602 of 2025 Dharmendra Kumar S/o Bhikam Sahu Aged About 34 Years R/o Ward No. 19, Kandul, Tehsil And District Balod (C.G.) ... Applicant versus State of Chhattisgarh Through- SHO Police Station Somni, District – Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 29.04.2025 1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 72/2025, registered at Police Station – Somni, District – Rajnandgaon (C.G.) for alleged commission of offence punishable under Sections 318(4), 319(2), 336(3), 338, 340(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. As per the prosecution story in brief, is that the complainant Naresh Kumar Agrawal has lodged written report that he is title and possession holder of the land situated at Village – Indawani, Post – Somni PHN-60, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 RNM – Rajnandgaon, Tehsil & District – Rajnandgaon bearing survey No. 590/3, area 0.0800 hectare survery No. 590/10, area 0.0200 hectare, survey No. 590/11 area 0.7690 hectare, survery No. 590/3, area 0.3840 hectare, total area 1.2530 hectare and he further submitted that he purchased the above land vide registered sale deed dated 10.11.2014, 28.02.2012 and 03.11.2011 and thereafter he mutated his name over the land and since then he was title and possession holder of the above land and later on one Sanjay Kumar impersonated himself as Naresh Kumar Agrawal and he entered into an agreement to sale the above sand and obtained Rs. 5,00,000/- as advance amount, the Police registered the above offence and during investigation the allegation against the applicant is that he help the main accused to do the above act. Hence, this application. 3. The learned counsel for the applicant has argued that the applicant is completely innocent and further submitted that as per the complete case of the prosecution the land of the complainant has not been sold to any person and another accused of the case has received amount from another person as a sale consideration amount and the applicant has not received any amount and even he has not entered into any agreement and he has not prepared any forged documents in this respect. Therefore applicant is entitle for grant of bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that, it transpires that the main allegation is levelled against the applicant, that he has fabricated a false Aadhaar card, PAN card, and loan booklet in the name of co-accused Sanjay Kumar, thereby impersonating the complainant, Naresh Kumar Agrawal, and the applicant, through this impersonation, deceived Ramesh Kumar 3 Jain and Rakesh Kumar Mishra to enter into an agreement to sell the complainant's land and fraudulently obtained Rs. 5,00,000/- by creating and utilizing forged documents. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of the records available, it transpires that the main allegation is levelled against the applicant, that he has fabricated a false Aadhaar card, PAN card, and loan booklet in the name of co-accused Sanjay Kumar, thereby impersonating the complainant, Naresh Kumar Agrawal, and the applicant, through this impersonation, deceived Ramesh Kumar Jain and Rakesh Kumar Mishra to enter into an agreement to sell the complainant's land and fraudulently obtained Rs. 5,00,000/- by creating and utilizing forged documents, thus, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the Anticipatory Bail application of the applicant – Dharmendra Kumar, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 72/2025, registered at Police Station – Somni, District – Rajnandgaon (C.G.) for alleged commission of offence punishable under Sections 318(4), 319(2), 336(3), 338, 340(2), 61(2) of the BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar