Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:55371
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1756 of 2025 Raju Paswan S/o Late Baijnath Prasad Aged About 54 Years Caste- Dusadh- R/o Village - Churcha Shivpur, P.S. Churcha, Tehsil - Baikunthpur, District- Korea (C.G.) ...Applicant
versus State Of Chhattisgarh Through- Station House Officer, P.S. Churcha-Distt- Korea (C.G.) ...Non-applicant
For Applicant : Mr. Ishwar Jaiswal, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 13.11.2025
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. 161/2025 registered at Police Station – Churcha District – Korea (C.G.) for the offences punishable under Sections 420, 467, 468, 471 & 120(b) of IPC. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.14 11:31:51 +0530
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2. The case of prosecution in brief is that one Sikandar Sao Rio Baikunthpur made a written complaint before the Police Station - Churcha on 17.08.2025 that 11 years ago i.e. in year 2014 he was cheated by one Shamim Ansari in respect of purchase of land situated at village-Bhadi, Baikunthpur, Distt - Korea (C.G.), it has been alleged in the FIR that the complainant was willing to purchase of piece of land and the present applicant who was known to the Complainant introduced him to Shamim Ansari. 3. The applicant submits that she is innocent and has been falsely implicated in the present case. It is an undisputed fact that the entire transaction, if any, took place between the main accused, Shamim Ansari, and the complainant, Sikandar Sao, and the applicant had no role in the alleged fraudulent act. As per the FIR, the incident pertains to the year 2014, i.e., about 11 years ago, and the complainant has filed the report after an inordinate delay without any plausible explanation. The FIR itself only discloses that the applicant, Raju Paswan, merely introduced the complainant to the main accused and was present when the land was shown; the actual transaction, including the execution of the agreement (Ikrarnama) and the receipt of Rs.7,90,000/- (by cash and cheque), took place between the complainant and the main accused. The applicant had no knowledge of the alleged fraudulent acts of Shamim Ansari regarding the registration or non-registration of the land.
The essential ingredients of criminal conspiracy under Section 120B of the IPC are not prima facie made out against the applicant. The applicant is a permanent resident of Village Churcha, Shivpur, belonging to a respectable family with a good reputation in the locality, and the lower court itself has observed
3 that there is no likelihood of his absconding if granted bail. There is no material suggesting that the applicant’s custodial interrogation is necessary. The delay of 11 years in lodging the FIR further casts serious doubt on the veracity of the allegations. The applicant is ready to furnish adequate surety, 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 appearing for the non- applicant/State opposes the bail application of the 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 the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, this Court, 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 – Raju Paswan, 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.
4 (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 vaibhav