1 2025:CGHC:1815 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 41 of 2025 1. Parasram Sonkar S/o Parsadi Sonkar Aged About 85 Years R/o Lakholi Naka, Rajnandgaon, District Rajnandgaon (C.G.) 2. Daduram Sonkar S/o Parasram Sonkar Aged About 57 Years R/o Lakholi Naka, Rajnandgaon, District Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Incharge, Basantpur Police Station, Rajnandgaon, District Rajnandgaon, Chhattisgarh ... Non-Applicant For Applicant : Mr. Aditya Bhardwaj, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.01.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending their arrest in connection with Crime No. 539/2024 registered at Police Station – Basantpur, District - Rajnandgaon (C.G.) for the offence punishable under Sections 420, and 34 of the Indian Penal Code (In short, IPC). 2. The prosecution story, in brief, is that the Complainant Indra Kumar Adani alleges that in 2012, he discussed purchasing 8-10 acres of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.11 13:17:18 +0530 2 agricultural land with Suresh Kishan Chand Mangwani. They identified land owned by Parasram Sonkar and Ram Gulal Sonkar near the River Kar. After inspection, they finalized the deal for approximately 9 acres at ₹21,87,000 per acre. Adani entered into agreements with Daduram, Ram Gulal, and Harishankar, son of Parasram Sonkar, for the purchase of 1.52, 2.11, and 6.10 acres of land, respectively. He made payments totaling ₹60,00,000. However, due to financial constraints, Adani renegotiated the agreements, paying an additional ₹20,00,000. He also paid ₹1,00,00,000 in cash to the sellers through Parasram Sonkar. The complainant alleges that despite receiving ₹2,02,00,000, the accused failed to execute and register the sale agreements. Instead, they conspired to receive payments clandestinely and served a notice regarding non-execution of the sale deed. The accused later sold portions of the disputed land to Lata Golcha, prompting Adani to issue a Public Disclaimer Notice. He contends that the accused collectively engaged in fraudulent conduct, receiving substantial payments without executing the sale deeds. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that the allegations primarily involves a contractual and civil dispute regarding non-execution of sale deed despite monetary transactions and criminal liability (fraud) must be established beyond reasons doubt. He further submits that one of the co-accused in the matter, namely, Harishankar served a legal notice regarding the non- execution of the sale deed at the complainant’s home address through an advocate via registered post on 27.09.2016. He also submits that the applicants have no previous criminal antecedents. Therefore, he prays for grant of anticipatory bail to the applicants. 3 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and the fact that the nature of the case is a contractual and civil dispute regarding non-execution of sale deed despite monetary transactions and criminal liability, further one of the co-accused in the matter, namely, Harishankar served a legal notice regarding the non-execution of the sale deed at the complainant’s home address, hence, this Court is of the view that the applicants are 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 Nos. 1 and 2 – Parasram Sonkar and Daduram Sonkar on executing a personal bond with 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 Applicants 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 them from disclosing such fact to the Court. (b) The Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d)The Applicants and the surety shall submit a copy of 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 Applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti