1 2025:CGHC:44693 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1325 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 (C.G.) (Note- As Per Case Diary Name Of The Present Applicant Is Wrongly Mentioned As Shreyansh In The Impugned Order) ... Applicant versus State Of Chhattisgarh Through Police Station - Sarkanda, Tahsil And District- Bilaspur (C.G.) ... Respondent For Applicant : Shri Akash Shrivastava, Advocate. For Respondent/State : Shri Malay Jain, PL. For objector : Shri Vikas Pandey, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02/09/2025 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.759/2025 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.03 18:00:57 +0530 2 registered at Police Station – Sarkanda, Tahsil & District-Bilaspur (C.G.) for the offences punishable under Sections 420, 467, 468, 471, 120-B of Indian Penal Code, 1860. 2. Case of the prosecution, 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. 74/25 Khasra no. 559/1/थ/6 situated at Ashok Nagar, Birkona Road, Khamtarai, 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. The total consideration amount fixed at Rs.18,75,000/- out of which complainant has paid Advance payment of Rs. 51,000/- (Fifty one thousand Rupees) through Cheque No. 751079 and Rs. 85,000/- (Eighty five Thousand Rupees) for registry expenses through Phone pay app and thereafter on 14/3/2022 and 15/03/2022 through account transfer he has paid 2,00,000/- (Two Lakh Rupees) to the Vishwanath Rai. After execution of sale deed dated 29.4.2022 the co-accused namely Nadeem Ahmed has promised the complainant that the property will be handed over to him after arrangement of boundary wall, road, light, water and development. 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 strike is over the mutation proceeding can be initiated and thereafter, he shall be handing over the possession of said property. After some time the co-accused has avoided the phone calls of the complainant and never given the possession over the said land. Thereafter the complainant came to know that the said property belongs to the govt. land and without taking prior permission from the 3 Collector with malafide intention it was sold by the co-accused. Thereafter, on 26.05.2025, a report of Crime No. 759/2025, 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. Subsequently, apprehending his arrest in the said crime, the Applicant preferred an application U/s 482 BNSS, for grant of anticipatory bail which was rejected vide order dated 19.08.2025. 3. Learned counsel for the applicant submits that the applicant is the attesting witness of the sale deed in question whereas Nadeem Ahmad who was the beneficiary of the transaction in question has taken money from the complainant. It is stated that there were two cases registered against the applicant including the present case and in case Crime No.760/2025 which was 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 the applicant has been allowed anticipatory bail by this Court in MCRCA No.1221/2025 on 12/08/2025. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel as also learned counsel appearing for the objector oppose the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 4 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, materials available on record, considering the fact that the applicant is the attesting witness of the sale deed in question whereas Nadeem Ahmad who was the beneficiary of the transaction in question has taken money from the complainant and further the fact that there were two cases registered against the applicant including the present case and in case Crime No.760/2025 which was 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, the applicant has been allowed anticipatory bail by this Court in MCRCA No.1221/2025 on 12/08/2025 and the case of the applicant is distinguishable from the case of the co-accused Nadeem Ahmad, therefore this Court finds it appropriate 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 in the like sum to the satisfaction of the arresting Officer, 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. 5 (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 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri