1 2025:CGHC:10283 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 284 of 2025 Santosh Singh @ Jaladhar Singh S/o Late Dinanath Singh Aged About 40 Years R/o Ward No. 24, Milan Chowk, Camp - 2, P.S. Chavni Bhilai, Tehsil And District Durg, Chhattisgarh (As Per The 1st Page Of Order Dated 10/02/2025) ... Applicant(s) versus State Of Chhattisgarh Though S.H.O. Police Station Vaishali Nagar, District : Durg, Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. B.P. Singh, Advovcate. For Non-Applicant(s) : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.03.2025 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.61/2023 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Vaishali Nagar, District : Durg (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120, 34 of the IPC. 2. Prosecution case in brief is that complainant, Smt. Kshama Yadu, wife of Shri Ankit Yadav, submitted a memo to the Additional Tehsildar, Sub-Tehsildar, Bhilainagar, bearing No./ 342/अति०ह०/2023, dated 21.03.2023. The memo pertains to a land deal involving plot No. 5407/7, measuring 0.023 hectares, located in Zone 2, Ward 14, Babadeep Singh Nagar. According to the memo, the land was sold to Mukesh Bawane by N. Dhanraju through a sale deed. Furthermore, N. Dhanraju had purchased the land from Arvind Bhai, son of Athmaj Bhai. The land records show that the plot under Khasra No. 1 and 2 at village Chavani is registered in the name of the Industries Department. Based on this information, Vaishali Nagar Police Station registered a case against Arvind Bhai and N. Dhanraj under Section 420 of the IPC. During the investigation, Harish Chandra Rathore, Santosh Kumar Sahu, Deepak alias Deepu Manikpuri, Sanjay Sharma, and applicant/accused Santosh alias Jalandhar Singh were also implicated in the case. The accused were charged with offenses under Sections 420, 467, 468, 471, and 120, 34 of the IPC. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in present case. He further submits that the FIR was lodged on 21.03.2023 and alleged fraud transaction is of the year 2017, but the applicant has 3 been implicated in the year 2025, only on the basis of memorandum statement of the co-accused, Harishchandra Rathod. He also submits that applicant is not named in the FIR and one of the similarly situated co-accused persons, namely, N.Dhanraju, who had purchased the land in question from Arvind Bhai has already been granted bail by learned Fifth Additional Sessions Judge, Durg vide order dated 13.12.2024, copy of which is annexed as Annexure P-4, so far as criminal antecedents of the applicant are concerned, applicant has 18 criminal antecedents and in all the 18 cases, the applicant has already been acquitted, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant alongwith other co-accused persons have sold the land in question, which is already been registered in the name of the Industries Department to the complainant, further the applicant has 18 criminal antecedents against him, therefore, he is not entitled for grant of bail. 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, and the fact that as the case pertains to 4 the year 2017 and the allegation against the applicant that he alongwith other co-accused persons alleged to have sold the land in question, which is already been registered in the name of the Industries Department to the complainant, but applicant has no criminal antecedent pending against him, 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 - Santosh Singh @ Jaladhar Singh, 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/- (Ramesh Sinha) CHIEF JUSTICE Akhil