1 2025:CGHC:44984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1336 of 2025 Devjit Roy S/o Dilip Roy Aged About 38 Years R/o Village Digma, Nehrunagar, Police Station Gandhinagar, Tehsil Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Gandhinagar, District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Aditya Sharma, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.09.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.457/2025 registered at Police Station Gandhinagar, District : Surguja (Ambikapur) (C.G.) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Section 420 & 120-B of the Indian Penal Code (for short ‘IPC’). 2. Prosecution case in brief is that the as per the prosecution story, the allegation against the present applicant is that he alongwith other co-accused persons, entered into a registered agreement to sell a piece of joint property belonging to the complainant, bearing Khasra Nos. 166 and 139, measuring 0.6300 and 0.1500 hectares respectively. It is alleged that the applicant and the co-accused received a sum of Rs.5,00,000/- from the complainant under this agreement. However, the complainant later discovered that the accused persons had previously executed a sale agreement for the same land in favour of other individuals. Based on these allegations, the present crime has been registered against the applicant and other co-accused persons. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He has neither committed nor participated in any act constituting the alleged offences, and the essential ingredients of the offences are not attracted against him. The dispute, if any, is purely civil in nature, and a false and fabricated story has been created to implicate the applicant. The applicant is neither the beneficiary nor a party to the sale agreement in question and has not received 3 any payment related to it, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant along with other co-accused persons, fraudulently entered into a registered sale agreement with the complainant for joint land property (Khasra Nos. 166 and 139, measuring 0.6300 and 0.1500 hectares), and received an advance payment of Rs.5,00,000/-. It is further alleged that the applicant and others had already executed a prior agreement to sell the same land to different individuals, thereby misleading and cheating the complainant, therefore, he is not entitled for grant of 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, nature of dispute and material available in case diary, and the fact that the applicant along with other co-accused persons, fraudulently entered into a registered sale agreement with the complainant for joint land property (Khasra Nos. 166 and 139, measuring 0.6300 and 0.1500 hectares), and received an advance payment of Rs.5,00,000/-. It is further alleged that the applicant and others had already executed a prior agreement to sell the same land to different individuals, thereby misleading and cheating the complainant, but 4 considering the fact that the applicant was neither the beneficiary nor a party to the sale agreement in question and has not received any payment related to it, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Devjit Roy, 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) 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 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil