Nafr High Court
Case Details
1 2025:CGHC:8381 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 239 of 2025 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 1 - Pawan Kumar Bhadauriya S/o Late Jagpaal Singh Bhadauriya Aged About 63 Years R/o Shantinagar, Bhadawar House, Behind Goyal Dharamshala, P.S. Bodhghat, District Bastar Chhattisgarh. 2 - Sakesh Bhadauriya S/o Late Jagpaal Singh Bhadauriya Aged About 49 Years R/o 182, Thakurpara, Kukanaar, P.S. Kukanaar, District Sukma Chhattisgarh. 3 - Ajay Ghode S/o Shanakr Rao Ghode Aged About 58 Years R/o H.I.G. 025/122 Old Borsi, Durg, District Durg Chhattisgarh. versus ... Applicant(s) State Of Chhattisgarh Through Police Station In - Charge P.S. Raigarh Kotwali, District Raigarh Chhattisgarh. ... Non-Applicant(s) For Applicant(s)
Legal Reasoning
: Ms. Sonia Kuldeep, Advocate. For Non-Applicant(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.02.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has 2 been filed by the applicants, who are apprehending their arrest in connection with Crime No.0763/2024 registered at Police Station Raigarh Kotwali, District Raigarh (C.G.) for the offence punishable under Section 420 & 34 of the IPC. 2. Prosecution case in brief is that the complainant, Indrapal Singh Bhatia, is a real estate businessman who works in collaboration with his acquaintance, Vikram Rateria. Some time ago, they came into contact with a land broker named Ajay Ghode, who introduced them to the seller party, Pawan Kumar Bhadouriya and Sakesh Bhadouriya, who owned 54.97 acres of land in the Sukma district. The sellers wanted to sell the land due to financial constraints, and Ajay Ghode assured them that he would facilitate the sale. An agreement was signed on 14.05.2024, with a deal value of Rs.1,85,000/- per acre, and two checks of Rs.7,50,000/- each were given to Pawan and Sakesh Bhadouriya as an advance payment. At the same time, Ajay Ghode received a commission of Rs 1 lakh in cash. It's worth noting that Indrapal Singh Bhatia is a registered director with the Ministry of Corporate Affairs and is associated with several companies in India, including KVB Nutra Products Private Limited, Singhal Coal Benefication Private Limited, and Bhatia Energy and Minerals (Sundargarh) Private Limited, among others. On 15.09.2024. At that time, the seller's party had assured that the land was free from any disputes and was totally clean, which the buyer had believed. However, later on, when the buyer did their own 3 investigation, they found out that the land had already been notified for acquisition by the Forest Department of Sukma in 2023. They also discovered that the land was already under the possession of certain individuals, including Maderi Penta, who had been cultivating it for several years. When the buyer tried to contact the seller's party, they were given evasive responses, which led the buyer to believe that the seller's party had criminal intentions and had knowingly sold them disputed and acquired land, causing financial loss to the buyer through fraudulent means. The buyer feels that the seller's party had executed fake documents with the intention of cheating them out of their money, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicants submits that applicants are innocent and have falsely been implicated in the case, there was an agreement between them and the complainant to sell the land at a rate of Rs. 1,85,000 per acre, and that the complainant had issued two cheques of Rs. 7,50,000 each as part of the agreement. The applicant alleges that instead of completing the registration of the land, the complainant has filed a false FIR, and that this is a matter of breach of contract or specific performance, not cheating, copy of agreement is annexed as Annexure A/3. She further submits that the applicants are willing to proceed with the registration of the land in favor of the complainant, as per the original agreement. Additionally, they are prepared to return the amount of Rs.15,00,000/- that was paid to them at the time of the 4 agreement. It is noted that the applicants have already returned Rs.7,50,000/-- out of the total amount, and are willing to return the remaining balance once the agreement is cancelled, copy of transaction detail is annexed as Annexure A/6. She also submits applicant No. 1 is a 63-year-old man who is suffering from kidney disease, and his arrest would have a severe impact on his health and life. It is emphasized that the allegations made by the complainant are completely false and baseless, and there is no encroachment on the said land, nor is there any dispute regarding the same, a copy of the land record details is annexed as evidence Annexure A/7 to support the applicant's claim, hence she prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that applicants had sold the land in village Dodpaal to the complainant by suppressing the fact that the State Government was going to acquire those lands, the applicants were delivering property by dishonestly inducing a person, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, the fact that the though the applicants had sold the land in village Dodpaal to the complainant by suppressing 5 the fact that the State Government was going to acquire those lands, causing the complainant a financial loss through fraudulent means, but the applicants have no criminal antecedents, as such, without further commenting anything on merits, this Court find it appropriate 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 - Pawan Kumar Bhadauriya, Sakesh Bhadauriya and Ajay Ghode, 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 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 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. (e) They shall not involve themselves in any offence of similar nature in future. sSd/- (Ramesh Sinha) CHIEF JUSTICE Akhil