1 2025:CGHC:42702 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1279 of 2025 Abhishek Dubey S/o Dr. J. P. Dubey Aged About 24 Years R/o Geetajnali Park, Maharshi School Road Mangala P.S. Civil Line District- Bilaspur Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Sarkanda District- Bilaspur Chhattisgarh ... Non-applicant For Applicant : Mr. Arvind Sinha, Advocate. For Non-applicant/State : Mr. Atanu Ghosh, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.08.2025 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. 934/2025, registered at Police Station - Sarkanda, District - Bilaspur (C.G.) for the offence punishable under Sections under Section 318,338, 336(3), 340, 61(2) & 3(5) of BNS 2023. 2. As per prosecution story in nutshell is that, the ancestral property of complainant situated at village Khamtarai P.H. No. 25 khasra no. 672 area 56 decimal has been recorded over the revenue records, the co- accused has sold the aforesaid land by preparing forged document in VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.23 11:33:38 +0530 2 the name of Bhaiya Lal, sold the said land in favour of one Anuj Kumar Mishra on 04.02.2025. Based on the report aforementioned crime was registered and during investigation, on the statement of co-accused, the name of present applicant has been inserted in the FIR. 3. The applicant submits that he has been falsely implicated in this case and there is no incriminating material to hold him guilty for the alleged offences under Sections 318, 338, 336(3), 340, 61(2) and 3(5) of the BNS Act, 2023. The applicant has never indulged in any such activities and his name has been inserted only on the basis of the statement of a co-accused. The dispute, if any, is between the complainant and the co-accused/land owner, as the complainant himself, without verifying the actual ownership of the land, paid advance money and executed the sale deed dated 04.02.2025 in favour of the co-accused. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present 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 – Abhishek Dubey, on executing a personal bond and one surety in the like sum to the satisfaction of the 3 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