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2025 DAILYLAW 4276 (CHH)

SANJAY MISHRA v. STATE OF CHHATTISGARH

MCRCA/98/2025 · 2025-01-17

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Judgment text

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1 2025:CGHC:3125 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 98 of 2025 Sanjay Mishra S/o Shri Aditya Narayan Mishra Aged About 42 Years Caste - Brahmin, Occupation Farmer, R/o Ward No. 09, Rajabada, Tehsil Mohla, District Mohla-Manpur-Ambagarh Chauki Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Police Station Khadgaon, District Mohla Manpur Ambagarh Chauki Chhattisgarh. ... Non-applicant For Applicant : Mr. Anirruddha Shrivastava, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.01.2025 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. 77/2024 registered at Police Station – Khadgaon, District – Mohla-Manpur- Ambagarh Chauki (C.G.) for the offences punishable under Sections 420 of the Indian Penal Code (for short IPC). 2. The prosecution's case, in brief, is that complainant Brijbhushan Deshmukh filed a written report stating that the present applicant, in collusion with other accused persons, fraudulently sold 15 acres of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.18 14:06:54 +0530 2 land (Khasra Nos. 107/9, 101/6, 107/8, 107/9, 107/10, and 107/14) to Devendra Gupta for Rs. 13 lakhs. It is further alleged that the applicant, along with revenue ofÏcials, manipulated the online revenue portal to enter Devendra Gupta's name. Based on this incident, an FIR (Crime No. 77/2024) was registered against the co-accused and the applicant for the alleged offenses. The applicant fears arrest in connection with this crime. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the land in question is actually registered in the names of Helsing Deshmukh, Bhuneshwar, and Uday Kumar Sahu, who sold it to Rengan Dewangan in 2020. This contradicts the complainant Brijbhushan Deshmukh's claims. As a result, the allegations of manipulating the online revenue portal are unfounded. He further submits that the land remains registered in the names of its rightful owners, who have not filed any complaints. It's also important to note that the present applicant is simply a land broker who makes a living by buying and selling plots. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, appearing for the non- applicant/State, opposes the bail application of the applicant and submits that the present applicant, in collusion with other accused persons, fraudulently sold 15 acres of land, therefore, he is not entitled for grant of anticipatory bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary and it appears that the applicant is simply a land broker and the main allegation is against the other co-accused person (patwari), therefore, without further commenting anything on 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 – Sanjay Mishra, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 Abhishek