1 2025:CGHC:28726 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 900 of 2025 Prabhu Vishvakarma S/o Late Aliyar Vishvakarma Aged About 50 Years R/o Village Gangapurkhurd, Police Station - Gandhinagar, Tahsil - Ambikapur, Distt. Surguja Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Oficer, P.S. - Gandhinagar, Distt. Surguja Chhattisgarh ... Non-applicant For Applicant : Mr. Sanjay Pathak, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. For Objector : Mr. Nishikant Sinha, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.06.2025 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. 320/2025 registered at Police Station – Gandhinagar,, District – Surguja (C.G.) for the offences punishable under Sections 420 of the Indian Penal Code (for short IPC). 2. The prosecution story in short is that, the complainant Sandhya Soni lodged written report against the present applicant at Police Station Gandhinaga alleging that, the present applicant has constructed house over the Government land and he executed agreement to sale of the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.03 19:05:58 +0530 2 aforesaid land with and when she acknowledge the fact that, the house has been constructed over the Government land then she asked to present applicant for returning the advance amount, but the present applicant refused the same and therefore the complainant made report against present applicant and on the basis of the complainant the police has registered the offence against the present applicant for the offence under Section 420 of IPC. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant claims to be innocent and falsely implicated by the complainant, Sandhya Soni, who lodged a fabricated complaint. The applicant states he never entered into any agreement to sell the house, as he has been residing in Gangapur Khurd for 20 years. The applicant had rented out a two-room house to Sandhya Soni since 2014, who stopped paying rent after some months. The applicant filed a case which was initially rejected by the Civil Judge Class-2 Ambikapur but he appealed, and a stay order was granted by the Third Additional District Judge. Additionally, on 26.01.2022, Sandhya Soni and her associates allegedly entered the applicant’s house and assaulted his wife. A FIR was lodged against Sandhya Soni under several IPC sections, and the case is pending. The applicant argues that the dispute over the rented house is ongoing in multiple courts, and despite this, the police registered a false complaint against him without a proper investigation. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, appearing for the non- applicant/State, opposes the bail application. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, without expressing any opinion on the merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Prabhu Vishvakarma, 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) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav