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2025 DAILYLAW 54198 (CHH)

RAJKUMAR BAIN v. STATE OF CHHATTISGARH

MCRCA/1612/2025 · 2025-10-15

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Judgment text

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1 2025:CGHC:51731 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1612 of 2025 Rajkumar Bain S/o Lakhan Bain Aged About 58 Years R/o Nehrunagar (Digma), Police Station Gandhinagar, Tehsil Ambikapur, District Surguja C.G. ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Gandhinagar, District Surguja C.G. ...Non-applicant For Applicant : Mr. Aditya Sharma, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.10.2025 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. 457/2025 registered at Police Station – Gandhinagar District – Surguja (C.G.) for the offences punishable under Sections120B & 420 of IPC. 2. As per the prosecution story in brief is that, on the allegation against the present applicant is that he along with other co-accused persons have made agreement to sale the joint property of the land of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.17 11:33:42 +0530 2 complainant bearing khasra No. 166, 139 area 0.6300 and 0.1500 hectare, therefore crime as mentioned above has been registered against the present applicant and other co-accused persons. That, the applicant and other co-accused person were prepared the registered sale agreement and received sum of Rs.5,00,000/- from the complainant, but thereafter the complainant knowing that this fact that the accused persons are earlier executed agreement for sale from other person. 3. The applicant submits that she is innocent and has been falsely implicated in the present case, having neither committed nor participated in any act constituting the alleged offences. The applicant has neither committed nor participated in any act that may constitute any of the alleged offences. The essential ingredients of the offences mentioned are not attracted against the applicant. It is further submitted that the dispute is purely civil in nature, and the prosecution has concocted and fabricated a false story to falsely implicate the applicant in a criminal case. The applicant is neither the beneficiary nor involved in any sale agreement and has not received any payment in connection with the same. The applicant reserves his right to raise any other grounds and to file relevant documents at the time of hearing of this case. The applicant is ready and willing to furnish adequate surety and undertakes to abide by all directions and conditions that may be 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. 3 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 made by learned counsel for the parties, the nature of the dispute, and the material available in the case diary, particularly as the co-accused has already been granted bail by the trial court in MCRCA No. 1336 of 2025 vide order dated 03.09.2025, without commenting further on the merits of the case, I am inclined to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rajkumar Bain, 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) she 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 her from disclosing such fact to the Court. (b) she shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) she shall appear before the trial Court on each and every date given to her 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) she shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav