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2025 DAILYLAW 39227 (CHH)

SHREYANSHU KAUSHIK v. STATE OF CHHATTISGARH

MCRCA/1221/2025 · 2025-08-11

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Judgment text

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1 2025:CGHC:40518 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1221 of 2025 • Shreyanshu Kaushik S/o Shri Roshan Kaushik Aged About 25 Years R/o Gulmohar Park, Behind Shubham Vihar, Ward No.- 1, Police Station- Civil Lines, Tahsil And District-Bilaspur, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Police Station- Sarkanda, Tahsil And District- Bilaspur Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Akash Shrivastava, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12/08/2025 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.760/2025 registered at Police Station – Sarkanda, Tehsil and District- Bilaspur (C.G) for the offences punishable under Sections 420, 467, 468, 471, 120-B of Indian Penal Code. 2. The prosecution case, in brief, is that the complainant lodged an FIR on 26/05/2025 with the Police Station- Sarkanda, Bilaspur(C.G.) inter alia on the ground that a land bearing plot no. 74/5 Khasra no. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.14 11:19:18 +0530 2 559/1/4/7 situated at Ashok Nagar, Birkona Road, Bilaspur (C.G.) was purchased by the complainant through registered sale deed dated 29.04.2022 from the power of attorney holder Nadim Ahmad of other co-accused Sukumar and paid total consideration amount of Rs. 25,00,000/- (Twenty five Lakh Rupees). After execution of sale deed dated 29.4.2022 the co-accused namely Nadeem Ahmed has promised from the complainant is that the property will be handed over to him after arrangement of Bowndrywall, road, light, water and Colony development. That in the month of June 2022 the complainant has asked for the possession of the said property the co- accused Nadeem Ahmed has said to him that the Patwari is on strike, after over their strike the mutation proceeding can be initiated and thereafter, he shall be handed over the possession of said property. That after some time the co-accused has avoided the phone calls of the complainant and never given the the said land. Thereafter the possession over complainant came to know that the said property belongs to the govt. land and without taking prior permission to the collector with malafied intension it was sold by the co-accused. Thereafter, on 26.05.2025, a report of Crime No. 760/2025, U/s 420, 467, 468, 471, 120-B of Indian Penal Code, 1860 registered at Police Station-Sarkanda, Tahsil & District-Bilaspur (C.G.) against the Applicant and two other co-accused persons namely Nadeem Ahmad & Sukumar who are power of attorney holder of the Sukumar and original land owner, respectively of the applicant. 3. Learned counsel for the applicant submit that the applicant is innocent and has been falsely implicated in the case. He further submit that the present FIR has been lodged by the complainant after three years of incident because a civil dispute existed between the 3 parties. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail and submits that the present FIR is also lodged by the complainant because a civil dispute existed between the parties. He also submits that another FIR was registered against the present applicant on the same day which was registered as crime No.759 of 2025 before the police station- Sarkanda, Bilaspur relating to the same dispute, therefore, the applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, and from the perusal of the case diary it transpires that there was a civil dispute between the applicant and the complainant in respect of land, FIR has been lodged after three years of incident and the fact that investigation and trial are likely to take time, therefore, 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 Shreyanshu Kaushik on executing a personal bond and one surety each 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 her from disclosing such fact to the 4 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 her 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) The applicant shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali