1 2025:CGHC:41258 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1237 of 2025 1 - Satrupa Gayakwad W/o Late Shri Samarulal Gayakwad Aged About 55 Years, 2 - Paras Gayakwad S/o Late Shri Samarulal Gayakwad Aged About 30 Years, Both Resident of Satnami Para, Risali, Bhilai, Tehsil And District - Durg Chhattisgarh. 3 - Rashmi Gayakwad D/o Late Shri Samarulal Gayakwad Aged About 33 Years, R/o Raipur Kharera, Village- Gadhera, District - Raipur, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through, District Magistrate - Durg, Distt- Durg, Chhattisgarh. ... Respondent For Applicants : Shri Jaydeep Singh Yadav, Advocate. For Respondent/State : Shri Amit Verma, PL. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.18 14:44:35 +0530 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/08/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.20/2025 registered at Police Station –Newai for the offence punishable under Section 420 read with 34 of IPC. 2. Facts of the case are that the complainant Smt. Rajkumari Gayakwad had given a written report to the Superintendent of Police, Durg on 15/11/2022 against the present applicants and upon no action by the concerned police, then filed an application under section 156 (3) of the CrPC before the Ld. JMFC, Durg and the said court vide order dated 06/03/2023, dismissed the said application and the challenge to the said order before the Ld. VI Addl. Sessions Judge, Durg was also dismissed on 04/07/2023. The complainant by suppressing the said facts and order dated 06/03/2023 and order dated 04/07/2023, then filed a complaint under section 200 of CrPC before the Ld JMFC, Durg on 12/12/2023 under section 420, 467, 468, 470, 471, 474, 120B read with section 34 of the IPC against the present applicants and one Akhilesh Markandey stating that her husband Samaru Lal Gayakwad had 3 plots in Risali, Tehsil and District- Durg which 3 was his ancestral land and the husband of the complainant had then kept the applicant no. 1 as his wife which then led to the birth of applicant no. 2 and 3 of the instant case whereas the complainant is the first wife of Samaru Lal Gayakwad and has 5 children from their marriage and after the death of Samaru Lal Gayakwad on 14/03/2021 due to suicide, the present applicants in collusion with the co-accused Akhilesh Markandey by portraying themselves as the only heirs of Late Samaru Lal Gayakwad got their names mutated in the revenue records and has then sold the plot bearing khasra no. 283/1 ad-measuring 0.2980 hectares by way of a registered sale deed on 22/09/2021 for an amount of Rs. 1,02,56,000/- (One crore 2 lakhs and fifty thousand only.) to one RG Bajpai of Laxmi Builders and the name of RG Bajpai has been mutated in the revenue records without disclosing that the children of the complainant namely Gopal and Sabina have already received equal shares (as compared to applicant no. 1 and 2) of the sale consideration with the consent of the complainant vide agreement dated 21/02/2022. The Ld. JMFC, Durg then directed the police- Newai to file a report in the instant case and the police concerned then took statements of the complainant and other persons including the statements of the applicant no. 1 and 2 who specifically stated that substantial amount of money from the land sold has already been given to the son and daughter of the complainant upon mutual agreement. The Ld. JMFC also recorded the statements of the complainant 4 and few other persons and vide order dated 03/01/2025, ordered the Police Station- Newai to lodge FIR under section 420, 34 of IPC against the present applicants and one Akhilesh Markandey and the Police-Newai then on 13/01/2025 lodged an FIR u/s 420, read with section 34 of IPC against the present applicants and 1 more person. 3. Learned counsel for the applicants submits that by Ikrarnama dated 21/02/2022 (Annexure A/11) final settlement has been arrived at between the parties. He would further submit that co- accused person namely Akhilesh Kumar Markandey has been granted anticipatory bail by this court vide MCRCA No.1224/2025 on 12/08/2025, therefore, he submits that the present applicants are entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State do not dispute the fact that final settlement has been arrived at between the parties by Ikrarnama dated 21/02/2022 (Annexure A/11) and also co-accused person namely Akhilesh Kumar Markandey has been granted anticipatory bail by this court vide MCRCA No.1224/2025 on 12/08/2025. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, material available on record, considering the fact that final settlement has been arrived at 5 between the parties by Ikrarnama dated 21/02/2022 (Annexure A/11) and also considering the fact that co-accused person namely Akhilesh Kumar Markandey has been granted anticipatory bail by this court vide MCRCA No.1224/2025 on 12/08/2025, therefore this Court finds it appropriate to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 –Satrupa Gayakwad, applicant No.2-Paras Gayakwad and applicant No.3-Rashmi Gayakwad, on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The applicants 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 applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of their adhaar card along with a coloured postcard full size 6 photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri