Extracted from the PDF above. The PDF is authoritative.
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CGHC010250852026
2026:CGHC:27984
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1037 of 2026 1 - Smt. Aarti Dubey W/o Shri Nishith Dubey, Aged About 47 Years R/o Sarsiwan, Tah- Sarsiwan, Distt. Sarangarh- Bilaigarh C.G. 2 - Smt. Mamta Dubey W/o Shri Bhawdip Kumar Dubey, Aged About 38 Years Head Constable, R/o Pt. Deendayal Upadhyay Ward No. -9, Deepika Distt. Korba C.G. 3 - Smt. Hiranya Dubey (Now Smt. Indu Tiwari) W/o Shri Sanjay Naryan Tiwari, Aged About 52 Years R/o Ward No. 18, Koudia, Seepat Distt. Bilaspur C.G.
... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Sarsiwan, District - Sarangarh- Bilaigarh (C.G.)
... Respondent For Applicant : Mr. Anurag Dayal Shrivastava, Advocate For Non-Applicant/State : Mr. Sangharsh Pandey, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 07.07.2026
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1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 215/2019 registered at Police Station – Sarsiwa, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120-B of India Penal Code,
1860.
2. The case of the prosecution, in brief, is that complainant Laxmikant Pandey has made a complaint alleging therein that the land bearing khasara number 385, 386, 387, 388, 390 and 475 total area of 1.959 hect (4 acre 85 dec) were ancestral land which was recorded in the joint name. The allegation are that out of the said total land of 4.75 acre, the complainant was title holder of 1.75 acre land which was acquired by him through the will deed and despite of said ownership the stated total land of 4.75 acre which includes the area of 1.75 acre was sold by Smt. Shanti Bai and Smt. Bharti Dubey alone to Rajesh Dubey vide sale deed dated 05.05.2016 without his consent. On the basis of the aforesaid allegations, FIR bearing Crime No. 215/2019 was registered against the accused persons namely Smt. Shanti Bai, Smt. Bharti Dueby and Rajesh Dubey for offences punishable under Sections 420, 467, 468, 120 (B) of Indian Penal Code 1860. Now the notice (Annexure A-3) under Section 91 of Indian Penal Code 1860 have been issued to the present Applicants.
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Learned counsel for the applicants would submit that the applicants are innocent and have falsely been implicated in this aforesaid case. He further submits the present dispute is purely a civil dispute but criminal colour has been given by the complainant, who is the cousin brother of the applicant. Learned counsel further submits that the applicants are no where connected with the alleged crime. They have executed power of attorney in favour of their mother and sister & the land land in question fall in their share and only to the extent of their share, it was sale out. It has been also stated that earlier an application for grant of anticipatory bail was moved by Smt. Shanti and Smt. Bharti Dubey before this Court which was registered as MCRCA No.1181/2019, which was withdrawn vide order dated 13.08.2019, and they were enlarged on bail by the learned Trial Court along with co-accused Rajesh Dubey. Learned counsel also submits that the present applicants have no criminal antecedents, therefore, he prays for grant of anticipatory bail to the present applicants.
4. On the other hand, learned State Counsel opposes the anticipatory bail application of the applicants.
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
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consideration that present dispute appears to be predominantly civil in nature, without commenting further on the merits of the case, this Court is inclined 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 – Smt. Aarti Dubey, Smt. Mamta Dubey and Smt. Hiranya Dubey, on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting Officer, they 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 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) they shall not involve themselves in any offence of similar nature in future.
Sd/- (Ramesh Sinha) CHIEF JUSTICE pekde
Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.07.08 15:38:20 +0530