1 CGHC010355342026 2026:CGHC:42320 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8866 of 2026  Rajendra Prasad Tiwari (Sharma) S/o Late Raghunandan Prasad Tiwari Aged About 65 Years R/o House No. 34/3 Behind Vivekanand Ashram Street No. 11, Ward Thakur Pyare Lal, District- Raipur (C.G.) ... Applicant versus  State Of Chhattisgarh Through Police Station Purani Basti, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Divy Jha, Advocate For State : Mr. Nitansh Jaiswal, Dy. Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 29.09 .2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 127/2026 registered at Police Station Purani Basti, District Raipur (C.G.), for the offence punishable under Section 420 of IPC. 2. Case of the prosecution, in short, is that an FIR was registered by police on 18.03.2026 on instance of Pradeep Kumar Dewangan wherein he alleged that, two agreement to sell were entered into between the applicant and the complainant on 30.09.2021 and 11.03.2022, whereby the complainant had agreed to purchase land bearing survey Nos. 32/41, 347, 370, 386, 560, 557 SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.09.30 18:02:01 +0530 2 and 704 total admeasuring 4.27 hectares, situated at Tahsil Patan District Durg, in consideration of Rs. 45,00,000/-. It is alleged that the present applicant received entire consideration amount but failed to execute sale- deed. On such complaint, police registered offence as stated-above. 3. Learned counsel for the applicant would submit that two cheques were issued by the applicant in favour of complainant and those cheques were got dishonoured, and thereafter, two complaint cases for commission of offence punishable under Section 138 of Negotiable Instrument Act have been filed by the complainant, which are pending consideration before the competent Court. It is also contended that the dispute between the parties appears to be Civil nature, which has been given criminal colour. He would contend that the complaint should have filed a suit for specific performance of contract. It is also argued that charge-sheet has already been filed, applicant is in jail since 20.06.2026 and he has no criminal antecedents. Thus, he would pray for grant of bail. 4. On the other hand, learned counsel for the State would oppose the bail application. Mr. Nitansh Jaiswal would submit that the present applicant cheated the complainant and grabbed a sum of Rs. 45,00,000/-. He further submits that even cheques issued by the applicant got dishonoured, therefore, application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the fact that pursuant to two agreement to sell, consideration of Rs. 45,00,000/- was transferred by the complainant to the applicant, but subsequently the applicant (owner of the properly), failed to 3 execute sale-deeds in favour of complainant. Further, two cheques were issued by the applicant in discharge of liability in favour of the complainant and both cheques were dishonoured and cases under Section 138 of Negotiable Instrument Act are pending consideration before the competent Court. 7. Having considered the fact that the dispute between the parties appears to be of civil nature, two cases under Negotiable Instrument Act, filed by the complainant are pending consideration, applicant is in jail since 20.06.2026 and he has no criminal antecedents, I am inclined to allow this application. 8. Accordingly, the regular bail application is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (i) 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; (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant