1 2026:CGHC:8040 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1565 of 2026 Pankaj Tekriwal S/o Shri Narayan Prasad Tekriwal, Aged About 47 Years R/o 402, Ekta Enclave, Janta Colony, Near Chhattisgarh College, Byron Bazar, Raipur C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer Saraswati Nagar, District Raipur C.G. ... Non-applicant For Applicant : Mr. Amrito Das, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Govt. Advocate. For Objector : Mr. Manoj Paranjpe, Senior Advocate, along with Mr. Apurva Goyal, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.02.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 20/2026 registered at Police Station - Saraswati Nagar, District Raipur C.G, for the offences punishable under Sections 318(4), 338, 336(3) and 61(2) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.13 16:34:44 +0530 2 2. As per the prosecution case, Crime No. 20 of 2026 has been registered at Police Station Saraswati Nagar, Raipur, for offences punishable under Sections 318(4), 336(3), 338 and 61(2) of the Bharatiya Nyaya Sanhita, 2023, on the allegation that the accused persons, in connection with a proposed transaction relating to certain immovable property, induced the complainant company to part with substantial amounts of money on the assurance that the said property was free from encumbrances and legally capable of being transferred, and that meetings were held between the complainant and the representatives of the accused company, pursuant to which an Agreement to Sell dated 16.12.2025 was executed and payments aggregating to approximately Rs. 11.51 crores were made by the complainant through banking channels. According to the prosecution, it subsequently came to light that the subject property was already mortgaged with financial institutions and was also the subject matter of recovery proceedings before the Debt Recovery Tribunal, which fact was allegedly suppressed from the complainant at the time of negotiations and execution of the documents, and on this basis the prosecution alleges that the accused persons acted in concert with a dishonest intention from the very inception of the transaction, resulting in wrongful loss to the complainant and corresponding wrongful gain to the accused, leading to registration of the present FIR and initiation of investigation. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. He further submits in the present case the allegations levelled against him are false, baseless and malicious. The entire dispute pertains to a sale transaction of land between two companies, which was purely 3 commercial in nature, and the complainant was well aware that the subject land was already mortgaged and that the accused company was participating in proceedings before the Debt Recovery Tribunal; the complainant had conducted due diligence prior to executing the Agreement to Sell and made payments only after being satisfied, and the proof of such proceedings is annexed as Annexure A-4. The FIR and case diary do not attribute any specific role, overt act or direct participation to the applicant, who was neither involved in the commission of the alleged offence nor connected with the transaction in question. The applicant was not a Director, promoter or authorised signatory of the accused company at the relevant time, had no role in its management or day-to-day affairs, and has been implicated merely because he was previously associated with the company; documents obtained from the Ministry of Corporate Affairs evidencing the present list of directors and his resignation are annexed as Annexure A-5. The applicant was not involved in negotiations, representations or execution of any agreement with the complainant, is not a signatory to the Agreement to Sell, and no amount alleged to have been paid by the complainant was ever received by him directly or indirectly, nor is there any material to show that he was a beneficiary of the alleged transaction. The allegations, even if taken at face value, relate to documentary aspects of a commercial transaction, and since the relevant documents are already seized by the investigating agency, custodial interrogation of the applicant is neither necessary nor justified. This Hon’ble Court has granted anticipatory bail to a similarly placed accused in MCRCA No. 167 of 2026 vide order dated 03/02/2026 (Annexure A-6). It is further submitted that there was no 4 dishonest intention on the part of the applicant, and relatives of the applicant have already paid a sum of Rs. 6,00,00,000 (Rupees Six Crores) and undertake to pay the remaining amount at the earliest, proof of which is annexed as Annexure A-7. The applicant has cooperated with the investigation, undertakes to continue to do so, is a permanent resident with deep roots in society, and there is no likelihood of his absconding or evading the process of law. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case. 5. Learned counsel for the objector submits that the matter has been compromised between the parties. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, particularly that the other co-accused, namely Vinod Bajoria, has already been granted regular bail by this Court in MCRC No. 167 of 2026 vide order dated 03.02.2026, and that the matter has been compromised between the parties, and also considering the fact that the charge-sheet has already been filed before the competent Court and the applicant has been in judicial custody since 16.01.2026, and that the conclusion of the trial is likely to take some time, this Court is of the view that the present applicant is entitled to be released on bail on the ground of parity. 8. Let the Applicant – Pankaj Tekriwal, involved in Crime No. 20/2026 registered at Police Station - Saraswati Nagar, District Raipur C.G, for 5 the offences punishable under Sections 318(4), 338, 336(3) and 61(2) of the BNS 2023, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or 6 without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav