1 CGHC010302182026 2026:CGHC:37166 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1365 of 2026 1 - Kamal Prasad Patel S/o Late Gangu Ram Patel Aged About 48 Years R/o Takhatpur, Bilaspur District Bilaspur C.G. ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Civil Lines, Bilaspur C.G. ... Respondent(s) For Applicant(s) : Ms. K. Tripti Rao, Advocate For Respondent(s)/State : Mr. Sangharsh Pandey, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.08.2026 1. This is the first anticipatory bail application filed by the Applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, apprehending his arrest in connection with Crime No. 452/2026, registered at Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.), for the offences punishable under Sections 467, 468, 420, 511 and 120-B of the Indian Penal Code, 1860. RUCHI YADAV Digitally signed by RUCHI YADAV 2 2. As per the prosecution story, the complainant, namely Shri Sumit Gupta, submitted a written complaint on 18.05.2024 before Police Station Civil Lines, Bilaspur (C.G.), alleging that the Applicant, along with his accomplices, impersonated the complainant and attempted to fraudulently sell the land bearing Khasra Nos. 353/1 and 353/2, admeasuring 0.36 acres each, situated at Village Binori Pendari, Tehsil Sakri, District Bilaspur (C.G.), which is stated to be owned by the complainant. It is further alleged that the Applicant fraudulently procured a Power of Attorney in his favour for the purpose of registration of the aforesaid land before the Registrar Office, Bilaspur, and thereafter attempted to misuse the said Power of Attorney for the purpose of selling the aforesaid property. On the basis of the aforesaid complaint, an FIR was registered at Police Station Civil Lines, Bilaspur (C.G.) on 18.05.2024. Upon completion of investigation, the police filed the charge-sheet on 10.08.2024. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated and that no prima facie case is made out against him. It is submitted that the Applicant himself was a victim of fraud, as Kailash Gupta allegedly impersonated the complainant, namely Sumit Gupta, and induced the Applicant to purchase the land in question. Kailash Gupta offered the land to the Applicant for Rs.72,00,000/-, showing him the land and relevant documents, pursuant to which the Applicant, believing the representation to be genuine, paid Rs.20,000/- as advance on 20.04.2024 and a further Rs.80,000/- on the pretext of Kailash Gupta requiring money for his mother's treatment. Thereafter, on the representation that he would not be available for registration formalities, Kailash Gupta induced the 3 Applicant to obtain a General Power of Attorney in his favour, which was executed and registered at Bilaspur on 30.04.2024, while Kailash Gupta was allegedly impersonating Sumit Gupta. It was only on 17.05.2024, upon receiving a call from the actual complainant, that the Applicant came to know of the alleged impersonation. Significantly, even prior to registration of the present FIR, the Applicant had lodged a written complaint dated 15.05.2024 before Police Station Jarhagaon, District Mungeli (C.G.), regarding the fraud committed upon him; however, no effective action was taken. There is no material to show any prior knowledge, dishonest intention, meeting of minds or conscious participation on his part, and the statements of the co- accused implicating him are false and unsupported by independent corroborative material. 4. Learned counsel for the Applicant further submits that the the co- accused persons hatched the conspiracy against the applicant. The charge-sheet has already been filed against the co-accused on 10.08.2024. It is further submitted that the co-accused persons have already been granted regular bail by this Court vide order dated 04.09.2024 passed in MCRC Nos. 4213 of 2024 and 4492 of 2024. Learned counsel for the Applicant submits that the Applicant has never attempted to abscond or evade the process of law. It is submitted that police personnel had gone to Sakri in search of the Applicant's whereabouts, where, during the course of the incident, he allegedly pushed the police personnel and jumped from the roof, resulting in injuries to his body. After receiving treatment, the Applicant has been residing at his house and has remained available. Thus, there is no apprehension that the Applicant would abscond or evade investigation 4 and he is ready and willing to cooperate with the investigation and abide by any condition imposed by this Court. Applicant has no previous criminal antecedents. It is, therefore, submitted considering the aforesaid circumstances, the Applicant deserves to be enlarged on anticipatory bail. 5. Per contra, learned State counsel opposes the application and submits that the Applicant is the main accused in the present case and had attempted to abscond. It is further submitted that the investigation qua the Applicant is still pending, the Applicant is named in the FIR, and he has one previous criminal antecedent under Section 420 of the IPC. On these grounds, learned State counsel submits that the Applicant does not deserve the protection of anticipatory bail and, therefore, the application may be rejected. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Taking into consideration the nature of allegations, the material available on record, the Applicant's specific defence that he himself was a victim of the alleged fraud, and the fact that he had lodged a complaint dated 15.05.2024, prior to registration of the present FIR, this Court finds substance in the submission of learned counsel for the Applicant. Further, taking into consideration that the charge-sheet has already been filed against the co-accused, who have been granted regular bail by this Court, the relevant documents are already available and the Applicant is ready and willing to cooperate with the investigation, this Court is of the considered opinion that his custodial interrogation is not necessary. Accordingly, without commenting upon the merits of the case, the application is allowed. 5 8. It is directed that, in the event of arrest of the applicant Kamal Prasad Patel, in connection with Crime No.452/2026, registered at Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.), for the offences punishable under Sections 467, 468, 420, 511 and 120-B of the Indian Penal Code, 1860, he shall be released on bail upon executing a personal bond and furnishing one surety in the like amount to the satisfaction of the arresting Officer, subject to 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 such person from disclosing such facts to the Court. (b) He shall not act in any manner which may be prejudicial to a fair and expeditious trial. (c) He shall appear before the Trial Court on each and every date fixed by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their Aadhaar cards along with a full-size coloured postcard photograph bearing the printed Aadhaar number, which shall be verified by the Trial Court. (e) He shall not involve himself in any offence of a similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Ruchi