Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:48802
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1482 of 2025 Surendra Kumar S/o Shivshankar Das Aged About 25 Years R/o Village Semali, Lenjua, P/s - Balrampur, District- Balrampur-Ramanujganj C.G.
...Applicant
versus State Of Chhattisgarh Through Police Station- Balrampur, District - Balrampur-Ramanujganj C.G. ... Non-applicant
For Applicant : Mr. Rahul Mishra, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 23.09.2025
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.52/2025, registered at Police Station - Balrampur District - Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 318(4), 336(3),338,340(2),62(2),62, & 3(5) of the BNS 2023.
2. As per prosecution story in brief is that, the F.I.R. of the incident was lodged on 05.05.2025 inter-alia on the allegations that, the complainant namely Bolo S/o Roopchand had executed the sale deed dated VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.24 11:51:22 +0530
2 21.04.2025 in favour of one Tara Devi bearing Khasra No. 132 total area 0.130 hectare. Subsequently the F.I.R. has been lodged inter alia on the allegations that, the complainant was intended to sale of 5 dismal of land, but by paying the amount of consideration to the tune of Rs. 2,50,000/- of the 5 dismal of land, the Tara Devi got executed the sale deed of 32 dismal of land. It has been alleged that, as per the agreement the complainant was agreed to disposed of his land for a
consideration of Rs. 50,000/- per dismal. Subsequently, the relatives of the complainant informed that, the sale deed has been executed in respect of his entire 32 dismal of land. It has been alleged in the F.I.R. that, the remaining amount of consideration of 27 dismal of land has not been paid. Thereafter, FIR has been registered against the accused persons. 3. The applicant is innocent and has been falsely implicated in the case. He has no role in the alleged offence and has been made an accused only on false allegations by the complainant, which may adversely affect his future. The applicant is not the beneficiary of the land purchased by Smt. Tara Devi, who has already been enlarged on bail vide order dated 29.05.2025 passed in MCRCA No. 786 of 2025. Similarly, other co-accused persons, namely Shashikant Tiwari, Sunil Singh, Deepak Sharma, and Arvind Kindo, have been granted regular bail vide orders dated 14.08.2025 in MCRC Nos. 4143, 4393, and 4419 of 2025. The applicant’s implication is based solely on the memorandum of co-accused persons, which is inadmissible under the Evidence Act. He is a permanent resident at the address mentioned in the cause title, where his movable and immovable properties are situated. The applicant is ready to furnish adequate surety and
3 undertakes to abide by all conditions imposed by this Hon’ble Court. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, the nature of the dispute, and the material available in the case diary, and noting that other co-accused persons have already been granted bail by this Court in M.Cr.C.A. No. 786/2025 vide order dated 29.05.2025 and in MCRC Nos. 4143, 4393, and 4419 of 2025 vide order dated 25.07.2025, without expressing any opinion on the 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 – Surendra Kumar, 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) 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
4 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 Vaibhav