1 2026:CGHC:7411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 213 of 2026 Kamalkant Shriwas S/o Jageshwar Shriwas Aged About 50 Years R/o House No. 316, Village Pandhi, Police Station Seepat, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Civil Line, Bilaspur, District Bilaspur (C.G.) ... Respondent For Applicant : Mr. Shashank Upadhyay, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.02.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 113/2026 registered at Police Station – Civil Line, Bilaspur, District Bilaspur (C.G.) for the offences punishable under Section 420 of the IPC. 1860. 2. The prosecution story in brief is that the complainant, namely Smt. Neeta Thakur, lodged a written complaint before the police on 22.01.2026 alleging that the applicant had sold to her a land bearing Khasra No. 7/19, admeasuring 5 acres, situated at Village Khajri, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.11 10:40:23 +0530 2 P.H.N. No. 18, Tahsil Seepat, District Bilaspur (C.G.), by way of a registered sale deed dated 29.05.2014, while concealing the fact that the said land was government land and that the applicant was holding the same in the capacity of an Ex-Army man. On the basis of the said complaint, Crime No.113/2026 for the offence punishable under Section 420 of the IPC was registered against the present applicant, and he is apprehending his arrest in connection with the said crime. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that applicant has neither committed any offence nor acted in the manner alleged by the prosecution or the complainant. It is submitted that after his retirement from the Indian Army, the Government had allotted him land bearing Khasra No. 7/19 admeasuring 5 acres situated at Village Khajri, P.H.N. 18, Tahsil Seepat, District Bilaspur (C.G.), and thereafter a relative of the complainant, namely Thaneshwar Thakur, who was also a witness to the sale deed, approached the applicant for purchase of the said land; the applicant, after making inquiries with the concerned revenue officials and being informed that the land could be sold and transferred, executed the sale deed dated 29.05.2014. It is further submitted that subsequently, when issues arose during mutation proceedings, the applicant, with the consent of the complainant, returned the entire consideration amount to Thaneshwar Thakur; however, the sale deed could not be declared null and void due to the heavy court fees involved. Later, disputes arose between the complainant and Thaneshwar Thakur regarding the consideration amount, and after about 12 years of execution of the sale deed, a false complaint has been lodged against the applicant, converting a purely 3 civil dispute into a criminal case by misuse of the process of law. The applicant is presently posted as Chief Executive Officer in Janpad Panchayat Patthalgaon, District Jashpur (C.G.), is the sole bread earner of his family, and his arrest would seriously affect his reputation and cause hardship to his family. The applicant undertakes to abide by all conditions imposed by this Hon’ble Court, reserves his right to raise additional grounds at the time of hearing, and being a permanent resident of the address mentioned in the cause title, prays for grant of bail. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 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 and nature of dispute and materials available on record, 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 – Kamalkant Shriwas, on executing a personal bond and one local 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. 4 (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 his adhaar card along with a coloured 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 vaibhav