1 2025:CGHC:55869 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1795 of 2025 Ashish Jaiswal S/o H. C. Jaiswal Aged About 53 Years Director, Supertech Project And Construction Private Limited, Shop No. 07, Priya Allen Heights, Gaurav Path, Ring Road No. 2, Beside Yash Super Bazar, Mangla, Police Station- Civil Line, Bilaspur, C.G. ... Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station- Ratanpur, Bilaspur, District- Bilaspur, C.G. ... Non-applicant For Applicant : Mr. Malay Shrivastava, Advocate For Non-applicant : Mr. Bharat Gulbani, Panel Lawyer For Objector : Mr. Sumit Singh Rathore, Advocate S.B.: Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/11/2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 695/2025 registered at Police Station - Ratanpur, District – Bilaspur (C.G.) for the offence punishable under Section 420 of the Indian Penal Code, 1860. 2. The prosecution case is that, the Applicant, Director, Supertech Project and Construction Private Ltd. was owning a land bearing Plot No. 831, Village Mohtarai, Ratanpur, District – Bilaspur. The applicant for sale of the land had executed an agreement to sale dated 31.08.2015 with the complainant, but it is alleged by the complainant that the applicant is not executing the said sale- 2 deed in favour of the complainant in-spite of payment of the amount of sale consideration of Rs. 4,20,000/- to the applicant. Being aggrieved of which, the complainant has filed the present FIR in the concerned police station. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that, the applicant is Director of Supertech Project and Construction Private Ltd. which is involved in the business of construction and development of colonies as also, selling the land to different beneficiaries at different locations. In regard to the same, the applicant was possessing a land bearing Plot No. 831, Village Mohtarai, Ratanpur, District – Bilaspur. For sale of the land, the applicant entered into a sale agreement with Ayodhya Prasad Banjare who purchased the land from applicant on 12.08.2013 and thereafter, Ayodhya Prasad Banjare executed an agreement to sale with the complainant on 14.08.2014. Thereafter, another plot was purchased by the complainant from applicant at Kannan Park, Bharni for a sale consideration of Rs. 7,48,000/- and at that time, the complainant paid an amount of Rs. 4,26,600/- and for the remaining amount, the complainant issued chequest to the applicant along with a covering letter dated 19.01.2022. Thereafter, when the applicant has presented the cheque for clearance, the same was dishonoured and thereafter, the applicant has filed civil suit before the concerned Court. He submits that the complainant has filed the present FIR only being aggrieved of the said civil suit and only to harass the present applicant. There is no material available against the applicant in the FIR and further, contents of the FIR would reveal the fact that dispute between the parties is of civil in nature which has been criminal colour by falsely implicating the applicant as the complainant failed to pay the remaining amount which has to be paid by him by way of cheque. So far as criminal antecedents of the applicant are concerned, as per the deponent’s knowledge, two criminal antecedents (Crime No. 336/2016, P.S. 3 Manendragarh, District - Manendragarh – Chirmiri - Bharatpur) which are pending adjudication. However, he submits that the present FIR, there is no direct material against the applicant and thus, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that present applicant is the Director of Supertech Project and Construction Private Ltd who had sold the aforementioned land to the complainant and thereafter, when the applicant failed to execute the sale-deed even after receiving payment, the present FIR was lodged. She submits that the investigation is going on and charge-sheet is yet to be filed and there are ample chances of collecting evidence against the applicant. Considering the seriousness of the offences, the risk of tampering with evidence, and the prima facie material collected, it is submitted that the bail application deserves to be dismissed. 5. On the other hand, learned counsel for the Objector raises strong objection against the submission of counsel for the applicant and submits that the applicant even after receiving the full payment of sale consideration has not executed the sale-deed from the year 2018. He submits that the applicant concealed the fact that the aforementioned subject land is not approved by the Town and Country Planning Department during purchase of the land and when, Ratanpur-Bilaspur Highway was constructed, the aforementioned land was also disputed. He submits that later on, in the year 2020-21, the Town and Country Planning Department gave its approval, but even thereafter, the applicant has not executed the sale consideration and thus, the applicant has committed forgery with the complainant, therefore, he is not entitled for bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, 4 the fact that investigation is going on and the charge-sheet is yet to be filed, nature of dispute appears to be civil in nature and the fact that a civil suit is also filed before the concerned Trial Court, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ashish Jaiswal, 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) 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 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) He shall not involve himself in any offence of similar nature in future. Sd/--d/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY