1 2025:CGHC:52574 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1643 of 2025 Ganga Ram Sahu S/o Late Chatur Ram Sahu Aged About 50 Years R/o Near Block- No.26, Deendayal Upadhyay, Nagar, Kanhaiya Lal Bajari Ward, Gudiyari District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station Gudiyari, District- Raipur, (C.G.) ... Respondent For Applicant : Shri Priyank Rathi, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. For complainant Shri K.P.S. Gandhi, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 28/10/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.435/2025, registered at Police Station Gudiyari, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.03 10:51:29 +0530 2 District Raipur (C.G.) for alleged commission of offence punishable under Sections 3(5) and 318(4) of BNS 2023. 2. The prosecution case, as per the FIR lodged by the complainant, is that co-accused Dinesh Singh and Basant Bisen, who are engaged in the business of selling land, showed the complainant a plot belonging to the present applicant bearing Khasra No. 425/95, area 1200 sq. ft., Village Gogaon, Patwari Halka No. 50. Believing their representations, the complainant purchased the said land for a consideration of Rs.18,12,000/-, and the sale deed was registered on 24.01.2024. It is alleged that despite registration, possession of the land was not handed over to the complainant and that one Bharat Lal Sinha was already in possession of the said land. The complainant has further alleged that the applicant, along with Dinesh Singh and Basant Bisen, cheated him and usurped his money. It is also alleged that when the complainant demanded return of his money on 10.07.2025, co-accused Dinesh and Basant abused and threatened him. On the basis of these allegations, Police Station Gudiyari, District Raipur, has registered a case against the applicant and the co- accused persons for offences of cheating and criminal intimidation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant is the lawful owner of the land in question bearing Khasra No.425/95, which he had purchased 3 through a registered sale deed dated 27.03.2012 and was duly mutated in his name. The applicant subsequently sold the said land to the complainant through a registered sale deed dated 24.01.2024, after handing over peaceful possession. Thus, no element of cheating or fraud arises. He would further submit that any dispute regarding possession or encroachment by a third person is purely civil in nature and does not attract criminal liability of the applicant. The complainant had verified the title and obtained a bank loan on the basis of the said property, which itself establishes the genuineness of the transaction. It is submitted that there is no evidence connecting the applicant to the alleged offence, and the FIR has been lodged maliciously to pressurize him in a civil dispute. He would submit that the applicant has no criminal antecedents, is a permanent resident of Raipur, and there is no likelihood of absconding or tampering with evidence, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel as also learned counsel for the complainant oppose the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, submission of learned counsel for the parties, material available on record, considering the nature of allegation levelled against the applicant 4 and also considering the fact that investigation is still going on, I am not inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the anticipatory bail application of the applicant - Ganga Ram Sahu, involved in Crime No.435/2025, registered at Police Station Gudiyari, District Raipur (C.G.) for alleged commission of offence punishable under Sections 3(5) and 318(4) of BNS 2023, is rejected. Sd/-Sd S S Sd/- (Ramesh Sinha) Chief Justice gouri