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2026 DAILYLAW 13178 (CHH)

RAJESH SHARMA v. STATE OF CHHATTISGARH

MCRCA/634/2026 · 2026-04-28

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Judgment text

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1 2026:CGHC:19985 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 634 of 2026 Rajesh Sharma S/o- Om Prakash Sharma Aged About 31 Years R/o- Occupation- Advocate R/o- 7/213, Kundra Para, Behind Railway Crossing Near Saroj Bhawan, Shukrawari Bazar Ward, Gudiyari, Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station In-Charge, PS- Gol Bazar, District- Raipur (C.G.) ... Respondent For Applicant : Shri Himanshu Pandey, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29/04/2026 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.30/2026 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.30 18:37:43 +0530 2 registered at Police Station – Gol Bazar, Raipur (C.G) for the offences punishable under Sections 120-B, 420, 467, 468 and 471 of IPC. 2. The prosecution case, in brief, is that the complainant entrusted accused Rahul Banik with work related to mutation, demarcation, and sale of ancestral land situated in Raipur, which originally belonged to his maternal grandfather and was in possession of his mother. By falsely representing himself as a person connected with Tehsil work, Rahul Banik gained the complainant’s trust and collected ₹36,00,000/- over time. In furtherance of a criminal conspiracy with co-accused Rajesh Sharma, who was falsely projected as a Patwari though not a government employee, the accused persons misled the complainant by showing a different, high-value land instead of the actual property. They also provided forged documents, including fake land records and revenue papers, to create a false impression that official processes were underway. Upon verification, the complainant discovered the fraud. Although partial repayment was attempted through cheques, the same were dishonoured. When confronted, the accused allegedly threatened the complainant. Thus, the accused persons, acting in concert, dishonestly induced the complainant, used forged documents, and caused wrongful loss, attracting offences under Sections 420, 467, 468, 471 and 120-B IPC. 3. Learned counsel for the applicant submitted that the co-accused who had taken money for facilitating mutation Rs.36 lakhs. It is stated that mutation have been done and money has also been received by the co-accused. He would submit that the applicant’s role was purely professional as he is a legal consultant as an Advocate and he too 3 have been implicated and no money has been received by him. He would further submit that the applicant is a permanent resident of address mentioned in the cause title and there is no likelihood of absconding, the applicant undertakes to abide by any conditions imposed by this Court, therefore, he submits that the present applicant is entitled for grant of anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the nature of dispute which is based on documentary evidence and also considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rajesh Sharma, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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 4 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 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri