1 2025:CGHC:47502 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1427 of 2025 • Abhay Masih S/o Praveen @ Bablu Masih Aged About 22 Years R/o Gram Bishrampur, Police Station And Tehsil Simga, District- Balodabazar- Bhatapara (C.G.) ... Applicant versus • State of Chhattisgarh Through The Sho- Simga, District- Balodabazar- Bhatapara (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aman Tamrakar, Advocate For Respondent/ State : Mr. Soumya Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/09/2025 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.186/2025, registered at Police Station – Simga, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 318(4), 336(2), 337, 338 and 3(5) of BNS,2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.17 18:00:22 +0530 2 2. The prosecution story in brief is that, the complainant Radheshyam Arya lodged a written report that he is a owner of Govinda Pulses and Sakhi Industries in the village sukhri and run pulse mill and and then he met with the present applicant and one Abhay Masih has shown me the land situated in village darchura P.H.No. 10, Tehsil, Simga, District Balodabazar Bhatapara (C.G.) 592, 594/1, 595, 596/1, 597/1, 597/2,597/3,597/4, 599, 600, 600/2, 603, 604, 605/1, 605/2, 608/1, 608/2, 608/3,608/4, 609, 612/1, 614, 682/1,682/2, 684, 686, 687/1 for sale of above land and when I went to see the land on the spot the owner of land namely Kamlesh Agrawal was also present and with the and when the complainant satisfied with the land on the spot the complainant wants to purchase the above mentioned land and he gave Rs 5,00,000/- as token amount to the land owner kamlesh agrawal as token amount and later on he made an agreement to sale of above mentioned land total area 1.644 hectare land at the rate of Rs. 48,00,000/- (Forty Eight Lakhs) per acre through notarized agreement on 06.01.2025 and payable as advance Rs. 45,00,000/- rupees (forty five lakhs) out of which 10,00,000/- rupees was given through his Axis Bank Bhatapara cheque no. 06525 and 10,00,000/- rupees (ten lakh rupees) was given through RTGS by Akash Madhwani in the account number 000210005038048 of Kamlesh Agarwal in Laxmi Nagrik Sahakari Bank Limited Raipur and 25,00,000/- rupees in cash, i.e. a total amount of 45,00,000/- (forty five lakhs) was given to 3 Kamlesh Agarwal and Ajay Agarwal and till now Rs. 50,00,000/- (fifty lakhs) has been given to Kamlesh Agarwal and Ajay Agarwal as earnest money in the deal of the said land and after some time when he went to raipur for some property deal he came to know about that kamlesh agrawal does not wants to sell his land and some dispute arises between the complainant and the owner land kamlesh agrawal and her grand son ajay agrawal when the present applicant not respond of the above therefore in this way, the present applicant Laxman Chauhan along with other accused persons, by using documents of Kamlesh Agarwal and Ajay Agarwal, prepared forged documents and conspired and made a planned deal of the land and usurped Rs. 50,00,000/- under a well-planned conspiracy with his other accomplices he has cheated and defrauded with the applicant thereafter the concerned police station has registered the Crime No.186/2025 registered in police station Simga, Distict Balodabazar Bhatapara (C.G.) for an alleged offence punishable under Sections 318(4) and 3(4) of BNS, 2023 "correspondence section in IPC is 420 and 34" 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the only allegation against the present applicant is that he giving an information regarding there is a property for as sale. He further submits that applicant is a small and poor villager and used to collect scarp from house to house in the village. Further, there is no any allegation for preparing any 4 forged document in the name of Kamlesh Agrawal and Ajay Agrawal and there is no allegation of cheating against the present applicant. He also submits that co-accused namely Laxman Chouhan has already been granted anticipatory bail by this Court in MCRCA No.864 of 2025 vide order dated 27.06.2025, therefore, he prays for grant of anticipatory bail to the present applicant on the ground of parity. 4. On the other hand, learned State counsel for the non- applicant/State, opposed the anticipatory bail application of the present applicant and submits that applicant has no criminal antecedent. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submission made by learned counsel for the parties, material available on record and the fact that co-accused, namely, Laxman Chouhan has already been granted anticipatory bail by this Court in MCRCA No.864 of 2025 vide order dated 27.06.2025, further, the applicant has no criminal antecedents, therefore, I am inclined to grant anticipatory bail to the present applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Abhay Masih on executing a personal bond and one surety in the like sum to the 5 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 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 vaishali