Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 24516 (CHH)

MOHIT SOLANKI v. STATE OF CHHATTISGARH

MCRCA/1003/2026 · 2026-07-01

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:27233 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1003 of 2026 Mohit Solanki S/o Gulab Singh Solanki Aged About 39 Years R/o House No. 869, Sundar Nagar, Near Kargil Chowk, Police Station D.D. Nagar District Raipur Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Telibandha, District Raipur Chhattisgarh ... Respondent For Applicant : Shri Rajeev Shrivastava, Sr. Advocate with Ms. Kajal Chandra, Advocate. For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02/07/2026 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.256/2026 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.03 13:41:14 +0530 2 registered at Police Station – Telibandha, District- Raipur (C.G.) for the offence punishable under Sections 420, 423 and 120B of IPC. 2. Case of the prosecution, in brief, is that the complainant lodged a report that, the complainant entered into agreement with the applicant for house construction in the year 2022, whereby he has paid Rs.36,14,964/- in installments to applicant and after taking the money from the complainant, the applicant did not completed the construction of the house as per the agreement and has left the construction incomplete and thereby committed fraud with the complainant. On such report the FIR bearing Crime No.256/2026 was registered at Police Station Telebanda, Raipur (C.G.) for commission of offence punishable under section 420 of IPC. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is argued that no offence under Sections 420, 423 and 120-B of the IPC is made out against him and there is no material to show any dishonest or fraudulent intention on his part. It is further submitted that the dispute arises out of a house construction agreement and is purely civil and contractual in nature. The complainant himself failed to provide necessary safety measures and delayed the payments, due to which the construction work could not be completed within time. It is also pointed out that the complainant has already approached the Consumer Forum, where he has admitted that most of the construction work was completed and that he is residing in the constructed house. Learned counsel submits that the criminal case has been filed only to pressurize the applicant and to give a criminal colour to a civil dispute. 3 He would submit that the applicant is a reputed architect, is a permanent resident of address mentioned in the cause title, is ready to cooperate with the investigation, and there is no likelihood of his absconding or tampering with the evidence. Therefore, it is prayed that the applicant be granted 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 allegation levelled against the applicant 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 – Mohit Solanki, 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 Court. 4 (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