1 2025:CGHC:7074 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 210 of 2025 1 - Nilesh Kumar Sarvaiyya S/o Mansukh Lal Sarvaiyya Aged About 40 Years R/o- House No. 13/45, Ward No. 27, Behind Om Shanti School, Adarsh Nagar, Mova, Saddu, Raipur, District- Raipur (C.G.) 2 - Ganesh Verma S/o- Neelkanth Verma Aged About 39 Years R/o- Kalimata Ward No. 30, Near Dhanu Kirana Stores, Khapra Bhatthi, Lodhipara, Pandri, Raipur, District- Raipur (C.G.) ... Applicants versus State of Chhattisgarh Through- Station House OfÏcer Police Station- Khamhardih, Raipur, District- Raipur (C.G.) ... Non-applicant For Applicants : Mr. Ahmed Ayaan Mirza, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 07.02.2025 1. The applicants have preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No. 552/2024, registered at Police Station – Khamhardih, Raipur, District- Raipur (C.G.) for the alleged commission of offence punishable under Sections 120(B), 380 and 454 of Indian Penal Code, 1860. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.07 18:52:27 +0530 2 2. As per the prosecution’s case, the complainant filed a written complaint on 28.12.2022, stating that, on the instructions of one Nikhil Chandraker, two persons, namely Golu @ Ganesh Verma and Nilesh Sarvayya, unlawfully entered the complainant’s house using a duplicate key. They trespassed and, in an attempt to destroy evidence related to an offence under Sections 376 and 377 of the IPC, stole various documents, including medical records, mark sheets, and other educational documents, along with other belongings. The offence was captured on CCTV footage, where Golu can be seen entering the premises and stealing, while Nilesh is seen standing outside the house. Based on the written complaint filed by the complainant on 28.12.2022, an FIR was registered at Police Station Khamhardih, District & Tehsil Raipur, under Crime No. 552/2024 for offences punishable under Sections 120(B), 380, and 454 of the IPC, and the matter was taken up for investigation. 3. Learned counsel for the applicants submits that the applicants are innocent persons and have been falsely implicated in this case. He also submits that the complainant was residing in a rented flat owned by Nikhil Chandrakar and later purchased a flat adjacent to it. However, she did not vacate the rented flat and continued to occupy it illegally, leading to disputes with Nikhil Chandrakar and his wife, Talvinder Kaur Chandrakar. The matter was raised in a society meeting, which ruled in favor of Nikhil Chandrakar, confirming that the complainant was unlawfully occupying his flat. In retaliation, the complainant began creating further disputes and allegedly threatened to send Nikhil Chandrakar and his wife to jail. 3 Consequently, they reported the matter to the police. On 11.11.2022, in an attempt to pressurize Nikhil Chandrakar, the complainant filed a false complaint at Police Station Khamhardih against Talvinder Kaur Chandrakar, Nikhil Chandrakar’s minor daughter Lishita @ Hani, and others, alleging harassment, theft, and threats to her life. Upon investigation, the police found the allegations to be false, and no further action was taken. The complainant also approached the Court under Section 156(3) Cr.P.C., but her application was rejected. Notably, in her complaint on 11.11.2022, the present applicants’ name was not mentioned. He also submits that the complainant filed another complaint, alleging that someone had unlawfully entered her house using a duplicate key and stolen important documents, including medical records, mark sheets, and academic certificates. On 19.12.2024, the complainant submitted a written application to higher police ofÏcials regarding her previous complaint dated 11.11.2022 at Police Station Khamhardih. Allegedly, in collusion with the police, she got a false FIR registered, despite no offence being mentioned on the reported incident date of 28.12.2022. The present applicants were called for inquiry on 20.12.2024, detained at the police station for four days, forced to sign blank sheets, and later released on Supurdnama. Out of malice, the complainant falsely implicated Nikhil Chandrakar’s wife, society members, and his relatives and friends. He also submits that the applicants belong to a reputed family, and their arrest would severely damage their reputation. 4 Therefore, he prays for grant of anticipatory bail to the present applicants. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that the applicants and other co-accused persons unlawfully entered the complainant’s house using a duplicate key, they trespassed and, in an attempt to destroy evidence related to an offence under Sections 376 and 377 of the IPC, stole various documents, including medical records, mark sheets, and other educational documents, along with other belongings. He further submits that the offence was captured on CCTV footage, where Golu can be seen entering the premises and stealing, while Nilesh is seen standing outside the house. Therefore, they are not entitled for grant of anticipatory bail in the present matter. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary also considering the fact that the applicants and other co-accused persons unlawfully entered the complainant’s house using a duplicate key, they trespassed and, in an attempt to destroy evidence related to an offence under Sections 376 and 377 of the IPC, stole various documents, including medical records, mark sheets, and other educational documents, along with other belongings and also the offence was captured on CCTV footage, where Golu can be seen entering the premises and stealing, while 5 Nilesh is seen standing outside the house, therefore, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicants – Nilesh Kumar Sarvaiyya and Ganesh Verma, involved in Crime No. 552/2024, registered at Police Station – Khamhardih, Raipur, District- Raipur (C.G.) for the alleged commission of offence punishable under Sections 120(B), 380 and 454 of Indian Penal Code, is rejected. Sd/- (Ramesh Sinha) Chief Justice Abhishek