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2026 DAILYLAW 32125 (CHH)

DINESH KUMAR HARIYANI v. STATE OF CHHATTISGARH

MCRCA/1383/2026 · 2026-08-20

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Judgment text

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1 CGHC010322512026 2026:CGHC:37648 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1383 of 2026 Dinesh Kumar Hariyani Son Of Shyamlal Hariyani Aged About 44 Years Resident Of House No. 10/812/8 Substation Gudhiyari, Khamtarai-2, Tahsil And District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Telibandha, District Raipur (C.G.) ... Respondent For Applicant : Mr. Banhiman Roy, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.08.2026 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.218/2025 registered at Police Station – Telibandha, District - Raipur (C.G.) for the offences punishable under Sections 318(4), 338, 336(3), 340(2) & 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.22 11:27:05 +0530 2 2. The prosecution case, in brief, is that the complainant has made written complaint to the concerned police station is that the accused persons have executed registered sale deed in favour of complainant and his wife to other land by forged and fabricated document. Based upon the written complaint, the police has registered the offence under section 318 (4), 338, 336(3), 340(2), 3(5) of B.N.S. against the accused persons for the aforesaid offences. 3. The applicant submits that he is innocent and has been falsely implicated in the present case and has not committed any offence as alleged against him. It is submitted that the subject land has been recorded in the name of the applicant’s father, namely Shyamlal Hariyani, in the revenue records since 1998, when the applicant was a minor, and after the death of his father in the year 2022, a power of attorney was executed in favour of co-accused Ramkishan Jais, who, on the basis thereof, entered into an agreement with the complainant on 12.08.2024 and received a sum of Rs.70,00,000/- on 12.08.2024 and Rs.30,00,000/- on 13.08.2024, and thereafter executed a registered sale deed in favour of the complainant and his wife, without any objection or dispute being raised by the applicant. It is further submitted that the applicant had no role in the aforesaid transaction and did not receive any amount from the complainant. The main accused, namely Ramkishan Jais, has already been granted anticipatory bail by this Court vide order dated 02.05.2025 and, therefore, the applicant claims parity with the said co-accused. It is also submitted that although the alleged incident relates to the period from 15.11.2023 to 12.08.2024, the FIR was registered only on 17.04.2025, after an inordinate and unexplained delay, and the applicant was not 3 involved in any criminal activity during the intervening period. It is further submitted that there is no eye-witness or other cogent material against the applicant, and the allegations are false, baseless and have been made due to previous enmity; the applicant has neither cheated nor committed fraud with the complainant nor committed any of the alleged offences. The applicant is ready and willing to furnish adequate security and to abide by all the terms and conditions that may be imposed by this Hon’ble Court and, therefore, prays that he may kindly be released on bail. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 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 and the material available on record, and in view of the fact that the similarly situated co-accused namely Ramkishan Jais has already been granted bail by this Court in MCRCA No. 627 of 2025 vide order dated 02.05.2025, this Court finds that the present applicant is entitled to the benefit of parity. Therefore, without making any further comment on the merits of the case, this Court deems 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 – Dinesh Kumar Hariyani, on executing a personal bond and one local surety in the like sum to the 4 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 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav