1 2025:CGHC:6337 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 190 of 2025 Rajesh Gupta S/o Kedar Gupta Aged About 27 Years R/o Village-Baniyatoli, Jashpur, District-Jashpur (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station - City Kotwali, Jashpur, District – Jashpur (C.G.) ... Non-applicant For Applicant : Mr. Jitendra Kumar Saxena, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.02.2025 1. This 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. 10/2025 registered at Police Station – City Kotwali, Jashpur, District – Jashpur (C.G.) for the offence punishable under Section 420 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that the accused Ankit Tamrakar executed an agreement to sale in favour of the complainant Philip Lakra in respect of the land situated at Village Girang and the said Ankit Tamrakar received the advance amount from the complainant Philip Lakra, but the said Ankita Tamrakar has not executed registered sale RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 deed in favour of the complainant Philip Lakra. The report to the above effect has been lodged by the complainant Philip Lakra, upon which, the offence under Section 420 of the IPC has been registered by the Police, and the name of the applicant has come into light from the memorandum statement of the co-accused person. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the name of the applicant has come into light from the memorandum statement of the main accused person, namely, Ankit Tamrakar, and the main accused person has already been arrested. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 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, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the name of the applicant has come into light from the memorandum statement of the main accused person, namely, Ankit Tamrakar, and the main accused person has already been arrested, at this stage without expressing any opinion on merits, 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 – Rajesh Gupta on executing a personal 3 bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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. (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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar