1 2025:CGHC:2812 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 86 of 2025 Ganeshram Sonkar S/o Late Ramgulal Sonkar Aged About 58 Years R/o Lakholi Naka, P.S.- Basantpur, Rajnandgaon, Tahsil and District Rajnandgaon, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, P.S.- Basantpur, District : Rajnandgaon, Chhattisgarh ... Non-Applicant For Applicant : Mr. Rakesh Kumar Thakur, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.01.2025 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, 120 and 34 of the Indian Penal Code (In short, IPC). 2. The prosecution story, in brief, is that the complainant Indra Kumar Andani entered into agreements to purchase land from several individuals, including Parasram Sonkar, Ramgulal Sonkar, and PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.17 11:59:09 +0530 2 Harishankar Sonkar, in Nandai Khar, adjacent to Basantpur. The deals were made at a rate of Rs. 21,87,000 per acre, with various payments made between January 23, 2012, and May 1, 2012. The complainant claims that despite receiving a total of Rs. 2.02 crores in cash, the sellers failed to register the property in his favor within the stipulated 10-month period. Instead, they allegedly made planned deals, received money, and didn't execute the sale deeds. Specifically, the allegations include:- Deal 1: Indra Kumar Andani agreed to buy 1.52 acres from Dadu Ram for ₹10,00,000, paid in installments.- Deal 2: Ramgulal agreed to sell 2.11 acres for ₹10,00,000, also paid in installments.- Deal 3: Harishankar agreed to sell 6.10 acres for ₹30,00,000, paid in two installments.- Additional Deals: Dadu Ram, Fagua Ram, and Ganesh Ram allegedly entered into additional agreements, receiving more money without registering the properties. The complainant accuses the sellers of fraudulent activities, and a case has been registered under Section 420/34 of the Indian Penal Code against Parasram Sonkar, Harishankar Sonkar, Dadu Ram Sonkar, and Ganesh Ram Sonkar at the Basantpur Police Station. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the dispute between applicant and the complainant is of civil nature and the complainant has willfully defaulted the condition of the sale agreements, but then also he has lodged present complaint to create under pressure upon the applicant. He also submits that the co-accused persons, namely, Parasram Sonkar and Daduram Sonkar have already been granted anticipatory bail vide order dated 10.01.2025 passed in MCRCA No. 41/2025 and the applicant has no previous criminal antecedents. Therefore, he prays for grant of anticipatory bail to 3 the applicant. 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 dispute between the complainant and the applicant is of civil nature and further, the co-accused persons, namely, Parasram Sonkar and Daduram Sonkar have already been granted anticipatory bail vide order dated 10.01.2025 passed in MCRCA No. 41/2025 and the applicant has no previous criminal antecedents, hence, 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 – Ganeshram 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 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 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 Preeti