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2026 DAILYLAW 25413 (CHH)

JITENDRA NIHAL v. STATE OF CHHATTISGARH

MCRCA/1051/2026 · 2026-07-07

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1 CGHC010247102026 2026:CGHC:28250 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1051 of 2026 1 - Jitendra Nihal S/o Late Shri Dayal Singh Nihal Aged About 75 Years R/o Jagdalpur P.S. Kotwali, District- Bastar (C.G.) 2 - Gyanendra Pratap Singh S/o Late Shri Dayal Singh Nihal Aged About 72 Years R/o Jagdalpur P.S. Kotwali, District- Bastar (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Kotwali, District- Bastar (C.G.) ... Non-Applicant For Applicant : Shri Sunil Otwani, Sr. Advocate with Shri Vikas Kumar Pandey, Advocate. For Non-Applicant : Shri Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08/07/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.09 15:13:25 +0530 2 Crime No.230/2026 registered at Police Station – Kotwali, District- Bastar (C.G.) for the offence punishable under Section 318 (4), 308 (2), 61 (1) & 3 (5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story, in brief, is that the complainant has lodged a report with the concerned Police Station stating that in December, 2023, a broker namely, Prakash Burad, introduced the applicants to the complainant. On 11.12.2023, the applicants sold the land bearing sheet No.64, Plot No.17/31, ad measuring 5000 sq. ft to the complainant for Rs.3,70,00,000/-. Thereafter one of the sisters of the applicants namely Ushangini Renuka Singh came into picture and started demanding money from the complainant and claiming share in the said property. The complainant further alleged that she threatened to initiate civil proceedings in respect of property if her demand is not fulfilled. On such allegations, FIR has been registered. Hence the present anticipatory bail application. 3. Learned Senior counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. The applicants are senior citizens aged about 75 & 72 years respectively and their health condition is also not good. He further submits that co-accused has already been granted anticipatory bail by this Court vide order dated 2.7.2026 passed in MCRCA No.1000/2026. Therefore, the present applicants may also be extended the benefit of anticipatory bail. 3 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicants. 5. I have heard learned counsel for the parties and perused all of the documents annexed therewith. 6. Considering the facts and circumstances of the case, particularly considering the fact that the applicants are senior citizens aged about 75 years & 72 years respectively and co-accused has already been granted anticipatory bail by this Court vide order dated 2.7.2026 passed in MCRCA No.1000/2026, this Court is inclined to extend the benefit of anticipatory bail to the present applicants also. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Jitendra Nihal & Gyanendra Pratap Singh, on executing a personal bond with 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 should 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) they should not act in any manner which will be prejudicial to fair and expeditious trial. (c) they should 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 sureties 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. 4 (e) they should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Barve