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2025 DAILYLAW 43705 (CHH)

PINKU GHOSH v. STATE OF CHHATTISGARH

MCRCA/1446/2025 · 2025-09-17

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1 2025:CGHC:48049 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1446 of 2025 Pinku Ghosh S/o Lt. Jatindra Mohan Ghosh Aged About 50 Years R/o Infront Of Dhanwantari Hospital, Shankar Nagar Raipur, Block - Raipur Distt. Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Amleshwar, District – Durg, Chhattisgarh. ... Non-applicant For Applicant : Mr. Manoj Kumar Yadav, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.09.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 109/2024 registered at Police Station – Amleshwar, District – Durg (C.G.) for the offence punishable under Section 420 and 34 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that the complainant has given a written complaint on dated 29.06.2024 alleging that the applicant/accused who is the bonafide purchaser of the land of the non applicant no.3 Krishna RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Chandrakar and complainant having the joint possession of the property and non applicant no 3. In the FIR who is the brother of the complainant and present applicant was supporting the non applicant no.3 Krishna Chandrakar in the FIR who is brother of the complainant on dated 12.04.2012 was coercing the complainant along with others to get the renunciation of rights registered of the part of Land Bearing Khasra No. 856/1 admeasured 0.22 Hect. Or 0.55 Acre therefore accused along with other co accused committed offence U/s 420, 34 and cause the complainant loss of lakhs of Rs.. Complainant filed application u/s 156(3) of Cr.P.C which was allowed vide order dated 31.05.2024 by the learned Magistrate First Class Patan Durg (C.G.) after receiving said order Police has lodged the above report against the applicant in Amleshwar Police station, Patan District Durg which is being investigated by Amleshwar Police Station. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the co-accused person has been granted bail by this Court vide order dated 24.07.2025 passed in MCRCA No. 983/2025. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the 3 case diary it transpires that the co-accused person has been granted bail by this Court vide order dated 24.07.2025 passed in MCRCA No. 983/2025, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Pinku Ghosh, 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) 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. (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 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)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar