1 2025:CGHC:22411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 784 of 2025 1 - Abhishek @ Rahul Sharma S/o Uttam Sharma Aged About 36 Years R/o Rajim, P.S. Rajim, District Gariyaband (C.G.) ...Applicant versus 1 - State Of Chhattisgarh Through Police Station Aamanaka, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Mr. Ankur Kashyap, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.05.2025 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.432/2024 registered at Police Station – Aamanaka, District – Raipur (C.G.) for the offence punishable under Sections 318 (4), 338, 336 (3), 340, 3 (5) of the Bhartiya Nyay Sanhita (BNS). AMIT PATEL Digitally signed by AMIT PATEL 2 2. As per the prosecution's story, in brief, is that the complainant Bole lodged a written complaint stating that he is a resident of Bilaspur and works in the property business. A person named Raja singh contacted him over the phone and promised to introduce him to a party interested in purchasing 04 acres and 35 decimals of land located on the road near Chandandih Tatibandh. Acting on this information, the complainant traveled to Raipur to the location specified by Raja Singh, where another person, Anand Jangde alias Neeraj, was also present with Raja Singh. Anand showed the complainant a piece of land belonging to a woman named Manju Devi Agarwal and facilitated a meeting between the complainant and Manju Devi Agarwal, resulting in the execution of a sale agreement between the parties. During this process, Manju Devi demanded a token amount of Rs.10 lakh, out of which the complainant paid Rs. 5 lakh in cash on 17.10.2024. Subsequently, when the complainant asked Anand to arrange for the demarcation of the land, his mobile was found to be switched off. Thereafter, Raja Singh arranged a meeting between the complainant and Hari Sinha, who was associated with Manju Devi. Hari Sinha assured the complainant that he would return Rs. 5 lakh, and on 30.11.2024, the complainant transferred an additional Rs. 5 lakh to Manju Devi Agarwal’s account. Later, during the demarcation process, after a public notice was issued, the complainant received a legal notice from the lawyer of the actual owner of the land. Upon contacting the real owner and verifying the original documents, the complainant realized that he had been defrauded. Based on the complainant’s written complaint, a case was registered at Police Station Aamanaka, 3 District Raipur, under Crime No. 432/2024 for offences punishable under Sections 318(4), 338, 336(3), 340, and 3(5) of the BNS. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the present applicant has no criminal antecedents, however he mentioned in para No. 4 of bail application of the applicant. He further submits that out of 11 co-accused persons, 9 co-accused persons have been granted regular bail by this Court in MCRC Nos. 2454/2025, 2547/2025, 2657/2025, 2735/2025, 2866/2025, 3175/2025, 3153/2025, 3298/2025 and 3212/2025, so far as one co- accused namely Chetna Thakur, her regular bail application is pending. It has been submitted by learned counsel for the applicant that one co-accused person namely Udayshankar Mishra has already been granted bail in MCRCA No. 470/2025. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed, applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that present applicant has no previous criminal antecedents, charge-sheet has been filed and other co- accused has already been granted regular bail by this Court in MCRC Nos. 2454/2025, 2547/2025, 2657/2025, 2735/2025, 2866, 3175, 3153, 3298 and 3212 and also one co-accused person namely 4 Udayshankar Mishra has already been granted anticipatory bail in MCRCA No. 470/2025, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Abhishek @ Rahul Sharma 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 her 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 her by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copyof their adhaar card alongwith a colored 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 AMIT PATEL