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2026 DAILYLAW 22086 (CHH)

TARUN KUMAR PATIL v. STATE OF CHHATTISGARH

MCRCA/909/2026 · 2026-06-18

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Judgment text

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1 2026:CGHC:24961 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 909 of 2026 Tarun Kumar Patil S/o Nanhu Ram Patil Aged About 45 Years R/o Village Rakhi, Police Station- Patan, District- Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station- Balod, District- Balod (C.G.) ... Respondent(s) For Applicant(s) : Mr. Jitendra Gupta, Advocate. For Respondent(s) : Mr. S.S. Baghel, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.06.2026 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.404/2025 registered at Police Station Balod, District- Balod (C.G.) for the offence punishable under Section 318(4), 3(5), 61(2), 111(1) of the BNS. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Prosecution case in brief is that the applicant, along with the co- accused persons, allegedly induced the complainant to part with a sum of Rs.81,71,000/- on the pretext of a land dealing transaction. It is alleged that after receiving the said amount, the accused persons issued cheques amounting to Rs.1,00,000/- and Rs.6,03,000/- towards repayment; however, the said cheques were dishonoured on 13.08.2025. The prosecution further alleges that when the complainant demanded the remaining amount, the accused persons refused to repay the same and, instead, executed the sale deed in favour of other persons, thereby causing wrongful loss to the complainant. On these allegations, it is alleged that the accused persons cheated the complainant and misappropriated the amount received from him. Hence, the bail application 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. He further submits that co-accused persons, namely, Jagatram Sahu, Lekhram Netam and Ashwani Dadsena have already been granted bail by this Court vide orders dated 16.12.2025 passed in MCRC Nos.9731 of 2025 and 10125 of 2025, so far as criminal antecedents of the applicant are concerned, applicant has two criminal antecedents of the years 2017 and 2020 under the IPC, which are pending, hence he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant allegedly in connivance with the co-accused persons, obtained a sum of Rs.81,71,000/- from the complainant on the pretext of a land transaction and thereafter failed to honour the commitment. It is further alleged that the cheques issued towards repayment were dishonoured and, despite receiving the money, the accused persons transferred the concerned property to third parties, thereby cheated the complainant and causing him financial loss. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and the fact that though the applicant allegedly in connivance with the co-accused persons, he obtained Rs.81,71,000/- from the complainant on the pretext of a land transaction and, after issuing cheques towards repayment which were subsequently dishonoured, transferred the concerned property to third parties, thereby cheating the complainant and causing him financial loss, but considering the fact that co- accused persons, namely, Jagatram Sahu, Lekhram Netam and Ashwani Dadsena have already been granted bail by this Court vide orders dated 16.12.2025 passed in MCRC Nos.9731 of 2025 4 and 10125 of 2025, also taking into account the criminal antecedents of the applicant, which are two in number of the years 2017 and 2020 under the IPC, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Tarun Kumar Patil, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) He 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 Court. (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He 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 their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal