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2025 DAILYLAW 55879 (CHH)

ASHISH PANDEY v. STATE OF CHHATTISGARH

MCRCA/1888/2025 · 2025-12-02

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Judgment text

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1 2025:CGHC:58664 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1888 of 2025 Ashish Pandey S/o Late Surendra Kumar Pandey Aged About 33 Years R/o Village Moharenga, Tah. And P.S. Bemetara District Bemetara (C.G.) ...Applicant. versus State Of Chhattisgarh Through - S.H.O Police Station Bemetara, District Bemetara (C.G.) ... Respondent. For Applicant : For State/Respondent : 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. 410/2024 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 11:51:19 +0530 2 2. As per the prosecution case, present applicant along with other co-accused had sold the agriculture land to one Nihal Singh Verma by concealing the material fact that the said land was not free from all kinds of encumbrances 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 and his father was admitted in the hospital when he came to know about such fraud committed. The Complainant further contended that the parties entered into an agreement with the accused persons and paid the accused Rs.49,54,300/- 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. At the outset, learned counsel for the applicant would draw attention of this Court towards the covering memo filed on 02.12.2025 by him which is copy of order dated 17.10.2025 passed by the Hon’ble Supreme Court in Special Leave Petition (Criminal) Diary No(s).58755/2025 (Sarita Pandey vs. State of Chhattisgarh) wherein, the Hon’ble Supreme Court has directed that “till the next date of hearing, the petitioner shall not be arrested in connection with FIR No.410 of 2024 dated 31st July, 2024 registered at Police Station Bemetara, District Bemetara, Chhattisgarh under Sections 420 and 34 of the Indian Penal Code, 1860, subject to the petitioner joining investigation as and when called upon to do so by the investigating officer.” Learned 3 counsel for the applicant submits that since the co-accused namely Sarita Pandey has been granted interim protection by the Hon’ble Supreme Court and case of the present applicant is similar to co-accused namely Sarita Pandey, 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. Perusing the order dated 17.10.2025 passed by the Hon’ble Supreme Court in Special Leave Petition (Criminal) Diary No(s).58755/2025 (Sarita Pandey vs. State of Chhattisgarh) wherein the Hon’ble Supreme Court has granted interim protection to the 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 4 Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (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