1 2025:CGHC:58665 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1903 of 2025 Ashish Pandey S/o Late Surendra Kumar Pandey Aged About 33 Years R/o Village Mohrenga, Tah And P S Bemetara, Distt. Bemetara C.G. ...Applicant. versus State Of Chhattisgarh Through- S H O Police Station Bemetara, Distt. Bemetara C.G. ... Respondent. For Applicant : Shri Dheerendra Pandey, Advocate. For State/Respondent : Shri Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/12/2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 412/2024 registered at Police Station – Bemetara, District- Bemetara (C.G.) for the offence punishable under Sections 420, 34 of IPC. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.12.04 11:53:54 +0530 2 2. As per the prosecution case, present applicant along with other co-accused had sold the agriculture land to complainant Sudhir Kumar Banchhor by concealing the material fact that the said land was not free from all kinds of defects in view of the the fact that the same land is the subject matter of the civil suit and as such, the complainant suffered an irreparable loss when he came to know about such fraud committed by the accused persons in furtherance of common intention of all. The Complainant further contended that the parties entered into an agreement with the accused persons and paid the accused Rs.78,00,000/- as consideration on account of registration of the sale deed, however the sold property was the subject matter of the litigation pending between the concerned parties. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. Learned counsel further submits that no single evidence collected by the prosecution shows that the applicant has executed sale in favour of the complainant. Learned counsel further submits that Hon’ble Supreme Court and this Court while dealing with cases relating to civil dispute relating to transaction of money, on number of occasions, have held that police is not a forum for adjudication of settlement of a civil dispute and such attempt made by police is deprecated. Learned counsel further submits that co-accused namely Sarita Pandey has been enlarged on bail vide order dated 25.10.2024 passed by First Additional Sessions 3 Judge, Bemetara in BP No.259/2024 and case of present applicant is similar to that of co-accused namely Sarita Pandey, therefore, the present applicant may also be granted anticipatory bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, particularly the fact that dispute between the parties is of civil in nature and that learned Court below has granted bail to co-accused namely Sarita Pandey and case of present applicant is similar to co- accused Sarita Pandey, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Ashish Pandey 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) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. 4 (c) The Applicant 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)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Avinash