1 2026:CGHC:18148 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 582 of 2026 Sheikh Aslam Ali S/o Sheikh Ashraf Ali Aged About 36 Years R/o H.No. 47 Khanij Nagar Puraina Raipur, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through - The Station House Officer Of Police Station Telibandha District- Raipur, Chhattisgarh. ...Non-applicant For Applicant : Mr. Hariom Rai, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.04.2026 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. 545/2025 registered at Police Station - Telibandha VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.22 15:35:15 +0530 2 District- Raipur (C.G.) for the offences punishable under Sections 318(4), 316(20, 3(5) of the BNS 2023. 2. The case of the prosecution, in brief, is that the accused persons, namely Asraf Ali Sheikh and his family members, entered into an agreement for the sale of a house property situated at Khasra/Khata Nos. 332/1, 332/2, 323/1, 333/2 and 334 at Raipur, representing that a house constructed over 1500 sq. ft. along with an additional 300 sq. ft. of land would be sold for a total consideration of Rs.83,00,000/-, out of which the complainant paid Rs.62,20,000/- through various modes including bank transfers; however, despite receiving the said amount, the accused failed to execute the sale deed within the stipulated period of 11 months and did not take steps for registration, instead making further illegal demands and, upon non-fulfilment, avoiding execution of the sale deed, thereby cheating the complainant, on which basis offences under Sections 318(4), 316(2), and 3(5) of the Bharatiya Nyaya Sanhita (BNS). 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, the FIR has been lodged with a mala fide intention to pressurize and harass the applicant by giving a purely civil dispute between the main accused and the complainant a criminal colour, there are no criminal antecedents against the applicant; similarly placed co- accused have already been granted regular bail by this Hon’ble 3 Court in MCRC No. 7776/2025 (Ashraf Ali @ Sheikh Ashraf & Ors. vs. State of Chhattisgarh) vide order dated 25.09.2025, considering the nature and gravity of allegations, absence of antecedents, age of applicant No.1 (about 70 years), and the fact that the accused were in custody since 26.08.2025 with trial likely to take time, the offences alleged are triable by the JMFC as per the prosecution story, the present applicant is merely a witness to the agreement for sale and is neither a party to the agreement nor a mediator even if the prosecution case is accepted as it stands, no specific allegation is made out against the applicant and he is ready to abide by all such terms and conditions as may be imposed by this Hon’ble Court while granting bail. 4. Learned State Counsel opposes the bail application and submits that the accused persons, after receiving a substantial amount of Rs.62,20,000/- out of the total consideration of Rs.83,00,000/-, failed to execute the sale deed within the stipulated period and instead made further illegal demands, thereby prima facie cheating the complainant, therefore, applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the allegations, and the material available in the case 4 diary, it appears that the accused persons, after receiving a substantial amount of Rs.62,20,000/- out of the total sale consideration of Rs.83,00,000/-, failed to execute the sale deed within the stipulated period and instead made further illegal demands, thereby prima facie cheating the complainant. The conduct attributed to the accused reflects dishonest intention and active involvement in the present case, and at this stage, no sufficient ground is made out to extend the benefit of bail. Accordingly, the bail application deserves to be and is hereby rejected. 7. Accordingly, the anticipatory bail application of the applicant – Sheikh Aslam Ali, involved in Crime No. 545/2025 registered at Police Station - Telibandha District- Raipur (C.G.) for the offences punishable under Sections 318(4), 316(20, 3(5) of the BNS 2023, is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav