1 2025:CGHC:40205 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1213 of 2025 Sarfaraj Alam S/o Md. Moinuddin, Aged About 30 Years R/o Beltikri, Deepka, P.O. And P.S. Deepka, Dist. Korba (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through P.S. Deepka, Dist.Korba (C.G.) 2 - Md. Shamim S/o Md. Rafique R/o Pali Road, Deepka, P.O. And P.S. Deepka, Dist. Korba (C.G.) ... Non-applicants For Applicant : Mr. Jai Prakash Shukla, Advocate. For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.08.2025 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.104/2025 registered at Police Station – Deepka, District – Korba (C.G.) for the offences punishable under Sections 420 of the Indian Penal Code (for short IPC). 2. As per prosecution story referred in FIR which is based on the contents of 175(3) BNSS, 2023 application of complainant/ non-applicant no 2 (hereinafter would be referred as complainant), is that, claiming himself VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.12 11:30:58 +0530 2 to be owner of 12 wheel truck CG 12 S 2185 complainant entered into agreement to sale of said vehicle with Md Irshad for agreed amount of Rs 10,93,775/- for which complainant received Rs 6,20,000/- in his account in February 2012 and rest amount of Rs 4,73,775/ agreed to be paid later. Accused Md Irshad paid Rs 1,10,000/- to the complainant in October 2015 and assured to pay rest amount of Rs 3,63,775/- within one year, by executing notarized agreement dated 30-10-2015. It is alleged that accused Md Irshad took signature of complainant in sell letter form-35 keeping his signature and complainant's name blank, after taking complainant in confidence and got the vehicle transferred in his brother's name on dated 21-10-2016. It is thus alleged by the complainant that the accused got the questioned vehicle transferred in his brother's name without making payment of agreed sale amount by keeping him in dark. It is stated that complainant had made written complaint dated 25-08-2024 to Deepka police station on non-action further compliant to S.P Korba on dated 01-09-2024 on non- consideration of which 175(3) BNSS application moved by complainant before learned JMFC Katghora, in which pursuant to order dated 17- 03-2025 crime no 104/2025 has been registered by Deepka police station for offence u/s 420 IPC 3. The applicant is innocent, has no role in the alleged offences, and has been falsely implicated. There is no allegation or offence made out against him even if the complainant’s entire version is accepted. The main accused, Md. Irshad, is the applicant’s real brother, and the complainant is their paternal uncle. The dispute arises from an oral agreement between the complainant and Md. Irshad for the sale of certain land in Village Dhobdiha, for which the complainant received 3 ₹6,20,000/- through bank transfers but failed to execute the sale deed or return the money. Feeling cheated, Md. Irshad filed Complaint Case No. 2259/2017 before the learned CJM, Daltonganj, in which the complainant is facing trial. To evade liability, the complainant later filed an application under Section 175(3) BNSS making false allegations regarding the sale of a 12-wheel truck, which was factually impossible as the vehicle was purchased by the complainant only on 27.02.2012, after the date of the alleged agreement. Md. Irshad never entered into any such sale agreement for the vehicle, which he categorically denied in his reply to the complainant’s legal notice dated 07.11.2024. The said reply, dated 27.11.2024, also reiterated that the complainant had cheated Md. Irshad in the earlier land transaction, for which the criminal trial is already in progress, 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. 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, 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 – Sarfaraj Alam, on executing a personal bond and one surety in the like sum to the satisfaction of the 4 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 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