1 2025:CGHC:3693 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 109 of 2025 Chainsukh Bande S/o Samechand Bande Aged About 41 Years R/o Tilda, P.S. Lawan, Ps- Tikrapara, Dist. Balodabazar - Bhatapara (C.G.). ... Applicant versus State of Chhattisgarh Through P.S. - Lawan, Dist. Balodabazar - Bhatapara (C.G.). ... Non-applicant For Applicant : Mr. Anchal Kumar Matre, Advocate. For Non-applicant/State : Mr. S.S Baghel, Deputy G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.01.2025 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. 439/2024 registered at Police Station – Lawan, District- Balodabazar - Bhatapara (C.G.) for the offences punishable under Sections 419, 420, 467, 468 of Indian Penal Code,1860. 2. As per the prosecution’s case, in brief is that the complainant, Santosh Kumar Tamrakar, lodged an FIR alleging that Shiv Kumar and Kalyan Navrange attempted to sell the land belonging to one RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.22 10:54:06 +0530 2 Purnanand by impersonating another person as Purnanand. They allegedly received Rs. 4,00,000/- (Rupees Four Lakhs Only) after executing an agreement to sell. It is alleged that the person whom Shiv Kumar and Kalyan had claimed to be Purnanand Pate was a fake Purnanand Patel. During the investigation, it was revealed that the person presented as Purnanand Patel was the accused/present applicant. The information regarding the incident was reported to Police Station Lawan, District Balodabazar-Bhatapara (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 FIR has been registered against two co-accused and an unknown person where the complainant has not stated that he will able to identify the person who impersonated himself as Purnanand who is real land owner. He further submits that the applicant has been made accused only on the basis of memorandum of co-accused but there is no direct evidence to connect the applicant with present case. He further submits that the other co-accused persons, namely, Shiv Kumar and Kalyan Navrange have already been granted regular bail by this Court in MCRC No. 8068/2024, vide order dated 03.01.2025. 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 complainant alleging that Shiv Kumar and Kalyan Navrange attempted to sell the land 3 belonging to one Purnanand by impersonating another person as Purnanand. They allegedly received Rs. 4,00,000/- (Rupees Four Lakhs Only) after executing an agreement to sell. It is alleged that the person whom Shiv Kumar and Kalyan had claimed to be Purnanand Pate was a fake Purnanand Patel. During the investigation, it was revealed that the person presented as Purnanand Patel was the accused/present applicant, 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 persons, namely, Shiv Kumar and Kalyan Navrange have already been granted regular bail by this Court in MCRC No. 8068/2024, vide order dated 03.01.2025, 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 – Chainsukh Bande, 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. 4 (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 Rahul Dewangan