1 2025:CGHC:25944 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 852 of 2025 K. Ramanna S/o Shri K. Sarthi Aged About 56 Years R/o W.R.S. Colony, Street No. 11, Room No. 97/5, Type- 2, P.S. Khamtarai, District Raipur, Chhattisgarh. --- Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Khamtarai Raipur, District Raipur, Chhattisgarh. --- Non-applicant along with MCRCA No. 872 of 2025 K. Padma W/o. K. Ramanna Aged About 50 Years R/o. W.R.S. Colony, Street No. 11, Room No. 97/5, Type-2, P.S. Khamtarai, District - Raipur (C.G.) --- Applicant Versus State of Chhattisgarh Through - The Station House Officer, Police Station Khamtarai, Raipur, District - Raipur (C.G.) --- Non-Applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-Applicant : Mr. Jitendra Shrivastava, Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.06.2025 1. The applicants have preferred these applications under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Crime No. 485/2025, registered at Police Station – Khamtarai, Raipur, District - Raipur (C.G.) for the alleged commission of offence punishable under Sections 420 and 34 of Indian Penal Code, 1860. 2. As per the prosecution story, in brief, the complainant lodged a report at the concerned police station alleging that the both the applicants had executed a sale agreement with him on 07.06.2024 for the registration of a house for a consideration amount of Rs. 26,30,000/-. The present applicants obtained an amount of Rs.15,30,000/- from the complainant as advance payment, which included three cheques amounting to Rs. 11,00,000/-. Thereafter, the complainant came to know that the said house had already been sold through a registered sale deed dated 23.07.2024 in the name of Deepak Kumar, financed by a bank loan of Rs. 14,40,000/- and a payment of Rs. 1,60,000/- from Deepak Kumar’s account, executed by the seller K. Padma. Based on the said report, the police registered an offence under Sections 420 and 34 of the Indian Penal Code against the accused persons. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He also submits that the aforesaid allegations made against the applicant are false and fabricated. In fact, K. Padma had executed a sale agreement of diverted Awasiya land with Digvijay Singh Thakur on 16.06.2023. Thereafter, as per the directions of Digvijay Singh Thakur, a new additional agreement was executed in the presence of Khemchand Thakur, under which Digvijay Singh Thakur 3 obtained an amount of Rs.11,00,000/- from Deepak Kumar Gupta, which has also been accepted by the Investigating Officer. The applicant has not played any role in connection with this crime and has not committed any fraud or cheating with the complainant. The first agreement was executed between K. Padma and Digvijay Singh Thakur (the complainant), and subsequently, a second agreement was executed between K. Padma and Deepak Kumar Gupta in respect of the subject house as per the directions of the complainant. Hence, the applicant has not committed any fraud or cheating with the complainant and has been falsely implicated in connection with this crime. Therefore, he prays for grant of anticipatory bail to the both the applicants. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that accused K. Padma and her husband K. Ramanna agreed to sell their pakka house situated at Mouza Gurudwara, Iyati Yatnalal Ward, Kh. No. 707/71, area 835 sq. ft., for Rs.26,30,000/-. An advance amount of Rs.15,30,000/- was paid in installments, along with three cheques of Rs. 4 lakh, Rs. 4 lakh, and Rs. 3 lakh dated 03.07.2020 drawn on Punjab National Bank. The accused persons received the entire consideration amount of Rs. 26,30,000/- in the presence of two witnesses and executed a sale agreement on 07.06.2024 in favour of the complainant. However, they did not execute the registered sale deed and kept delaying the matter. Later, it came to light that on 18.07.2024, the accused had sold the said house to Deepak Kumar Gupta. In this manner, the accused 4 dishonestly obtained and misappropriated Rs. 26,30,000/- from the complainant. Therefore, they are not entitled for grant of anticipatory bail in the present matter. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record and from the evidence available in the case diary, it prima facie appears that the accused persons, after executing a sale agreement for their own house with the complainant, Digvijay Singh, and after receiving the sale consideration, subsequently sold the said house to a person named Deepak. In this manner, the involvement of the accused persons in the alleged offence is prima facie established, and both the applicants are husband and wife and they have cheated the complainant and have taken money about Rs. 11 lakhs through bank transaction, therefore, I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the anticipatory bail application of the applicants – K. Ramanna and K. Padma, involved in Crime No. 485/2025, registered at Police Station – Khamtarai, Raipur, District - Raipur (C.G.) for the alleged commission of offence punishable under Sections 420 and 34 of Indian Penal Code, 1860, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan