Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:21098
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 658 of 2025 Pravin Gupta S/o Shri Rajaram Gupta Aged About 42 Years R/o Mamta Nagar, Tahsil - Rajnandgaon, District - Rajnandgaon (C.G.)
... Applicant versus State Of Chhattisgarh Through - Police Station - Kotwali Rajnandgaon, District - Rajnandgaon (C.G.) ... Respondent For Applicant : Shri P.K. Patel, Advocate. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G.
Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 07/05/2025
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.118/2025 registered at Police Station – Kotwali, Rajnandgaon District Rajnandgaon (C.G.) for the offences punishable under Section 318(4) of the Bharatiya Nyay Sanhita, 2023.
2. Case of the prosecution, in brief, is that on 12.03.2025, the complainant Smt. Devki Bai, filed the complaint before Police Station Kotwali, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.08 18:22:24 +0530
2 Rajnandgaon stating that the co-accused Pranay Gupta had entered into the agreement to sell the property showing it on own property on 27.02.2023 on consideration amount of Rs. 8.00 Lakhs and received as advance of Rs. 5.00 Lakhs by way of cheque No. 00404048, Chhattisgarh Rajya Gramin Bank, Branch Rajnandgaon District Rajnandgaon (C.G.) and on 31.03.2023 received Rs. 1.00 Lakh in cash but after passing stipulated period, the co-accused Pranay Gupta has not done the registry of the land. When the complainant inquired about the matter she know that the property not belongs to the co-accused Pranay Gupta and by playing fraud the same land was sold to other. It is alleged against the present applicant that on the memorandum of accused Pranay Gupta he stated that Rs. 4.00 lakhs has been transferred in the account of Pravin Gupta. On that basis, the first information report was lodged against the present applicant.
3.
Learned counsel for the applicant submitted that main allegation is against the real brother of the applicant namely Pranay Gupta who is co-accused who has already been arrested and a sale consideration of Rs.4 lakhs have been deposited in the account of the applicant and that was withdrawn by his brother. 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. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts & circumstances of the case, submissions of
learned counsel for the parties and also considering the fact that main allegation is against the real brother of the applicant namely Pranay Gupta who is co-accused who has already been arrested and a sale
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consideration of Rs.4 lakhs have been deposited in the account of the applicant and that was withdrawn by his brother, this Court finds it appropriate to grant anticipatory bail to the applicant.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Pravin Gupta, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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 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