1 2025:CGHC:27473 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 902 of 2025 1 - Mohammed Gaus S/o. Late Shafik Ahmed Aged About 29 Years R/o. Ward No. 03, West Chirmiri, Podi, Chirmiri, District Manendragarh Chirmiri Bharatpur (C.G.) 2 – Smt. Akbari Begum, Aged About 62 years, W/o late Shafik Ahmed. ... Applicants versus 1 - State of Chhattisgarh Through Police Station - Sarkanda, District Bilaspur (C.G.) ... Respondent For Applicant : Mr. Waquar Naiyar, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.06.2025 1. This is first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicants who are apprehending their arrest in connection with Crime No. 375/2025 registered at Police Station – Sarkanda, District- Bilaspur (C.G.) for the offence punishable under Section 420 and 34 of IPC. 2. The prosecution story in brief is that non-applicants are acquaintances of the complainant. The non applicant informed the complainant that a piece of land measuring 1856 sq. ft., bearing Khasra No. 498/5 situated at Mopka, Bilaspur, belonged to their VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 deceased father/husband. Applicants intended to sell the said land. Based on this, a firm agreement for sale of the land was made on 17- 10-2022 for 213,00,000/-, and an advance amount of 3,50,000/- ₹ was paid through cheque, with an agreement executed before a notary. As per the agreement, the land was to be registered within five months after the mutation process. After the mutation of the said land was completed, the complainant (Mohammad Saddam Qureshi) repeatedly contacted the applicants for registration of the land in his name. However, the applicants kept giving excuses and delayed the process. 3. Learned counsel for the applicants would submit that the applicants are innocent person and they have been falsely implicated in the present case. It has been argued by the learned counsel for the applicants that an agreement of sale was executed between the applicants and the complainant with respect to the land in question on 17.10.2022 and, in the said agreement, the sale deed was agreed to be executed within five months, however, when the complainant requested the applicant to execute the sale deed, as has been agreed between the parties, in the year 2024, it came to his knowledge that the applicants had already sold the said property. Hence, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, considering the fact that an agreement of sale 3 was executed between the applicants and the complainant with respect to the land in question on 17.10.2022, in which, the sale deed was agreed to be executed within five months, however, when the complainant requested the applicant to execute the sale deed in the year 2024, it came to his knowledge that the applicant had already sold the said property, hence, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants Mohammad Gaus and Smt. Akbari Begum, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) They 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) They shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) They 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 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) They shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali