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2026 DAILYLAW 13862 (CHH)

MANISH SINGH v. STATE OF CHHATTISGARH

MCRCA/568/2026 · 2026-04-26

body2026

Judgment text

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1 2026:CGHC:19360 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 568 of 2026 1 - Manish Singh S/o Late Shri Chandra Shekhar Singh Aged About 38 Years R/o 98, Navjeevan Society Road, Pachpedinaka Road, Tehsil Raipur, District Raipur, Chhattisgarh. 2 - Mahendra Singh Banjare S/o Punuram Banjare Aged About 43 Years R/o Rawabhata, Raipur, District Raipur, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Khamtarai, District Raipur, Chhattisgarh. ... Respondent For Applicants : Shri Surfaraj Khan, Advocate. For Respondent/State : Shri Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27/04/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.28 11:57:56 +0530 2 who are apprehending their arrest in connection with Crime No. 179/2026 registered at Police Station – Khamtarai, District Raipur, Chhattisgarh for the offences punishable under Sections 61(2), 318(4), 336(3), 340(2) and 3(5) of the BNS. 2. Case of the prosecution, in brief, is that the objector/complainant is the sole owner of land bearing Khasra No. 136/17, admeasuring area- 1.9910 hectares situated at Village- Rawabhatha, Tehsil-Dharsiva, District- Raipur (C.G.), which was validly sold through a registered sale deed dated 15/10/2025 in favour of Vickypuri Goswami and Ravindra Singh Arora for a total consideration of Rs.1,20,60,000/-, and no prior agreement or transaction was ever entered into with any third party. However, the accused Manish Singh, in connivance with co-accused Ram Kumar Sahu and Mahendra Kumar Banjare, has fabricated a false agreement to sell dated 11/07/2025 by forging the signature/thumb impression of the objector and falsely showing payment of Rs. 6,11,000/-, and has maliciously used the said forged document to institute a false civil suit, despite the objector having no knowledge of such persons or transaction. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated, having no connection with the alleged offences. The dispute arises out of an agreement to sell dated 11.07.2025 and is purely civil in nature, for which a civil suit for specific performance is already pending before the competent court. It is contended that the prosecution has given a criminal colour to a civil dispute with an oblique motive to harass the applicants. There is no cogent evidence to establish forgery or fabrication, and even the 3 alleged documents were not sent for expert verification prior to registration of the FIR. The complainant has already alienated the property to third parties, further indicating mala fide intent. He would submit that the case is based on documentary evidence already in possession of the prosecution; hence, custodial interrogation is not required. He would further submit that applicant No.1 has three criminal antecedents, out of which, in two cases compromise has been done and one case is pending and applicant No.2 has no criminal antecedents. He would further submit that the applicants are permanent resident of address mentioned in the cause title and there is no likelihood of absconding, the applicants undertakes to abide by any conditions imposed by this Court, therefore, he submits that the present applicants are 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 fact that the dispute appears to be civil in nature and the matter is largely 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 applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Manish Singh & Mahendra 4 Singh Banjare, on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The applicants 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 them from disclosing such fact to the Court. (b) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of their 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 applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri