1 2025:CGHC:1269 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 16 of 2025 Nitin Kumar Soni S/o Bulaki Ram Soni Aged About 31 Years R/o Harshit Vihar Colony, Urkura, Police Station- Urkura, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Civil Line Rampur, District- Korba (C.G.) ... Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate For Non-applicant/State : Mr. S.S. Baghel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.01.2025 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. 482/2024 registered at Police Station – Civil Line Rampur, District- Korba (C.G.) for the offences punishable under Sections 419, 420, 467, 468, 471 and 120-B of Indian Penal Code,1860. 2. As per the prosecution’s case, in brief is that on 12.08.2024, a report was lodged by the complainant, Agam Jain (S/o Ashok Kumar Jain), against four accused persons, including the present RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.09 15:36:40 +0530 2 applicant. It was alleged that the complainant owns land bearing Khasra No. 78/31 at Village Urkura, P.H. No. 108 (presently 40), R.N.M., Tehsil & District Raipur (C.G.), which was purchased in the name of his mother, Late Smt. Jyoti Jain, and father, Ashok Kumar Jain, through a registered sale deed dated 08.02.2006 from Singhaniya Buildcon Private Limited. After the demise of his mother, the complainant’s name was included as a share account holder of the land alongside his father, and the revenue records were updated accordingly. It is alleged that on 15.06.2024, the complainant contacted his neighbor, Vikas Singh, and inquired about potential buyers for the land as he intended to sell it. Vikas Singh informed him that the said land had already been sold. Upon investigating further, the complainant discovered that an unknown person had impersonated him (Agam Jain) and, with the help of two witnesses, including the present applicant who identified the fictitious person, sold the land to four different purchasers. It is further alleged that a forged power of attorney was executed by one Nitin Kumar Soni, who facilitated the sale of the land and received more than half of the amount in his account. According to the forged power of attorney, the Aadhaar card of the fictitious person (posing as Agam Jain) carried the number 678498977031 and an address in Jamnipali, which is different from the Aadhaar and PAN details of the real Agam Jain, who is the complainant. Additionally, the sold land was recorded in the single name of Agam Jain, whereas the complainant’s land was jointly owned by him and his father. The Tahsildar of Raipur had directed the concerned Patwari on 3 12.01.2024 to update the records accordingly. It is alleged that the accused persons, including the present applicant, sold the land using the fictitious person’s forged power of attorney. There is also suspicion that the purchasers of the land may have colluded with the accused persons. Based on the written report dated 12.08.2024, the police at Police Station Civil Line, Rampur Korba, registered an FIR bearing Crime No. 482/2024 for offences punishable under Sections 120-B, 419, 420, 467, 468, and 471 of the Indian Penal Code against the present applicant and co- accused persons at Civil Line Police Station, Rampur Korba, District Korba (C.G.). 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant is only mediator/agent to purchase and sale the land and he is not acquainted with the fictitious Agam Jain. He further submits that the other co-accused person, namely, Ravi Vishwakarma has already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 1316/2024, vide order dated 19.11.2024. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned counsel for the applicant and submits that the present applicant, in collusion with other co-accused persons, allegedly created forged 4 documents related to the land in question and subsequently sold it, therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case that in the present case, the other co-accused person, namely, Ravi Vishwakarma has already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 1316/2024, vide order dated 19.11.2024, 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 – Nitin Kumar Soni, 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 5 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 Rahul Dewangan