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2026 DAILYLAW 17563 (CHH)

DEEPAK GUPTA v. STATE OF CHHATTISGARH

MCRCA/257/2026 · 2026-02-26

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1 2026:CGHC:10321 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 257 of 2026 1 - Deepak Gupta S/o Late Shyam Narayan Sao Aged About 31 Years Occupation - Business, R/o Mayapur Nagar, Ambikapur, Police Station - Ambikapur, District - Sarguja Chhattisgarh 2 - Deepa Gupta S/o Late Shyam Narayan Sao Aged About 25 Years Occupation - Business, R/o Mayapur Nagar, Ambikapur, Police Station - Ambikapur, District - Sarguja Chhattisgarh ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station - Ambikapur, District - Sarguja Chhattisgarh ... Respondent For Applicant : Mr. Chandrikaditya Pandey, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A. For Objector : Mr. R.N. Pandey, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.02.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who are apprehending their arrest in connection with Crime No.20/2026 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.28 10:54:17 +0530 2 registered at Police Station – Ambikapur, District - Sarguja (C.G.) for the offences punishable under Sections 420 & 34 of the IPC. 2. The prosecution case, in brief, is that the complainant, Sangeeta Dubey, lodged a report at Police Station Ambikapur alleging inter alia that her husband, who passed away on 15.10.2025, had earlier entered into a registered agreement to sell dated 06.03.2024 with the applicants, namely Deepak Gupta, Deepa Gupta, and one Sonmati Gupta, for purchase of a parcel of land situated at Mayapur admeasuring 0.014 hectare (3.5 dismil) out of land bearing Khasra No. 1691/2019, total area 0.028 hectare, and had paid a sum of Rs. 1,25,000/- as advance consideration. It is alleged that although the agreement was duly registered before the Registrar, Ambikapur, the applicants informed the complainant’s husband that certain documents were lacking and assured him that the sale deed would be executed after some time. It is further alleged that applicant No.1, Deepak Gupta, also took additional amounts in connection with the land transaction, including a sum of Rs. 4,00,000/- on 10.05.2024, and thereafter concealed the relevant documents. The complainant has further alleged that after the death of her husband, the said land was sold to other persons without informing her, which fact came to her knowledge through third parties. On the basis of the said report, Police Station Ambikapur registered FIR bearing Crime No. 20/2026 on 09.01.2026 for offences punishable under Sections 420 and 34 of the Indian Penal Code, 1860, and commenced investigation. The charge-sheet has not yet been filed and the matter is presently under investigation by Police Station Ambikapur, District Sarguja (C.G.). 3 3. Learned counsel for the applicants submits that the applicants are innocent, law-abiding and reputed businessmen of Ambikapur, who have been falsely implicated without any proper preliminary enquiry. It is contended that no agreement to sell was ever executed by them in favour of the complainant’s husband and, upon learning of the alleged transaction, they applied for certified copies relating to Panjiyan ID No. 202400050918, which revealed that no such document was prepared; rather, the registered document dated 06.03.2024 bearing Registration ID No. 202400050964 shows execution of a power of attorney in favour of one Shambhu Jaiswal, thereby indicating that the alleged agreement relied upon by the complainant is forged and fabricated. It is further submitted that the dispute, if any, pertains to an alleged property transaction and recovery of money, which is purely civil in nature and has been given a criminal colour, and that there was no dishonest intention at the inception of the transaction so as to attract Section 420 IPC. The applicants have already submitted a complaint before the Superintendent of Police regarding the forged document. It is argued that they have no criminal antecedents, have deep roots in society, fixed residence and business at Mayapur Nagar, Ambikapur, and there is no likelihood of absconding, tampering with evidence or influencing witnesses. Their arrest would cause irreparable harm to their reputation and personal liberty under Article 21 of the Constitution of India, whereas grant of anticipatory bail would not prejudice the investigation. Relying on settled principles governing anticipatory bail, it is prayed that this Hon’ble Court may be pleased to grant anticipatory bail to the applicants, who are ready to abide by any terms and conditions imposed by the Court. 4 4. On the other hand, learned State counsel as well as learned counsel for the objector opposed the anticipatory bail application. 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 dispute, the materials available on record, and also taking into consideration that the applicants have no criminal antecedents, without commenting further on the merits of the case, this Court finds it appropriate to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Deepak Gupta & Deepa Gupta, on executing a personal bond and one local surety each in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) they 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) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they 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 applicants and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo 5 having printed the adhaar number on it, which shall be verified by the trial Court. (e) they shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav