1 2025:CGHC:31704 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 987 of 2025 Mohammad Wasim Khan S/o Mohammad Fahim Khan Aged About 44 Years House No. 339/1, Ward No. 18 Anjora, Thanaud, Tehsil And District Rajnandgaon Chhattisgarh ...Applicant versus State Of Chhattisgarh Through P.S. Pulgaon, District- Durg Chhattisgarh. ... Non-applicant For Applicant : Ms. Aditi Singhvi, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2025 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. 196/2025, registered at Police Station Pulgaon, District Durg (C.G.) for the offence punishable under Sections under Section 420, 120B of IPC, 1860 (Section 120B of IPC added later on as per impugned order hence mentioned as 420,34 IPC in the order sheet at some places). 2. According to the case of prosecution, the complainant Santosh Kumar Deshmukh filed a complaint on 05.05.2025 against the present applicant, his wife Husna Begum, Poshan Nishad, Preeti Nishad and Shakun Nishad stating that Poshan, Shakun and Preeti had agreed to VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.10 12:23:50 +0530 2 sell a land nearing Khasra No. 586/4area 1971 sq feet situated at Anjora, P.H. No. 28, Tehsil and District- Durg and entered into an agreement om 17.04.2023 for an amount of 46 lakhs rupees. He also paid Rs. 16,70,000/- on various dates through cheques and cash. However, the owners entered into an agreement to sell the same land to the present applicant on 26.04.2023. when the complainant contacted the present applicant and his wife, they assured they will take Rs. 3,30,000/- and will not purchase the land. However, the present applicant and his wife purchased the land from the other accused persons on 24.04.2024 vide a registered sale deed. The present applicant his wife and other co-accused persons have cheated the complainant for which he filed a complaint on 28.05.2025 before the police. A copy of the FIR is annexed herewith as ANNEXURE A/2. 3. The learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. She submits that the applicant’s wife had purchased the land through a registered sale deed for an amount of Rs. 49 lakhs from the co- accused persons. A copy of the relevant portion of registered sale deed along with relevant portion of bank account statement of applicant is annexed herewith as Annexure A/3. She further submits that the applicant and his wife were short of some amount they had agreed to take some amount from the complainant which he had given to them i.e. Rs. 3,30,000/- The complainant is a money lender and hence had agreed to given the amount to the applicant. Therefore, she prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 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 and in this case wife of the applicant has already granted regular bail by the learned Trial Court, therefore, 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 –Mohammad Wasim Khan, 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