1 2025:CGHC:53610 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1680 of 2025 1 - Kaamta Prasad Mahant S/o Mohit Das Mahant Aged About 42 Years R/o Pathiyapali, Thana Urga, District Korba, Chhattisgarh. ... Applicant Versus 1 - The State Of Chhattisgarh Through Station House Officer Of Police Thana, Urga, District Korba, Chhattisgarh. ... Non-applicant For Applicant : Mr. Shubham Dev Mallick, Advocate For Non-applicant : Ms. Supriya Upasne, Government Advocate SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 03/11/2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 0416/2025 registered at Police Station – Urga, District- Korba (C.G.) for the offence punishable under Section 318 (4) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. Case of prosecution in brief is that, on 18.09.2025, the complainant namely lodged a report in the concerned police station alleging that she asked the applicant/accused to sell her land bearing Khasra No. 790/11 admeasuring 20 decimal situated at Village Pathiapali and the sale deed for the said property was finalized between the complainant and the buyer Khushwan 2 Kumar for and sale consideration amount of Rs.14,50,000/-. After registration, the buyer Khushwan Kumar, paid Rs.8,00,000/- in cash to the applicant/accused and further, he was asked to pay the remaining Rs. 6,50,000/- to the applicant/accused. Out of which the applicant/accused had to take commission of Rs. 1,50,000/- and the remaining amount of Rs. 5,00,000/- was to be returned by the applicant/accused to the complainant, which was not returned by the applicant/accused and thereafter, she lodged complaint against him. Based on the report, aforementioned crime was registered and the investigation was commences by the concerned police station. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that due to old enmity against the complainant, the false FIR has been registered against him as a case bearing Revenue Case No. 202207052800029/Q-121/2021-22 under Section 250 of the Chhattisgarh Land Revenue Code, 1959 is pending before the Court of Tehsildar and with the intention of getting possession of the subject land, the present FIR has been filed. He submits that the applicant has also submitted an application dated 09.10.2025 and 15.10.2025 before the Superintendent of Police, Korba regarding the same. He contended that after sale transaction, there was no role played by the applicant between the complainant and the purchaser and therefore, the applicant may be granted anticipatory bail. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that present applicant there are specific allegations of commission of cheating and fraud by the applicant with the complainant. He submits that the applicant had not returned money of the complainant and had alleged sold the land to the purchaser with a mala fide intention to commit fraud with the complainant. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, documents enclosed along with the bail application and further, the fact that a case is pending before the concerned Tehsildar for the subject land, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kaamta Prasad Mahant, on executing a personal bond with 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. (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 their adhaar card alongwith a colored 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/- Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY