1. Ramniwas Mittal S/o Late Sh. Prabhati Lal Mittal Aged About 62 Years R/o v. 1. State of Chhattisgarh Through The Sho, P.S. - Basantpur, District - Rajnandgaon, Chhattisgarh
Case Details
1 2025:CGHC:15965 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 461 of 2025 1. Ramniwas Mittal S/o Late Sh. Prabhati Lal Mittal Aged About 62 Years R/o Kadambari Nagar Durg Tahsil And District Durg, Chhattisgarh 2. Arun Kumar Mittal S/o Late Sh. Prabhati Lal Mittal Aged About 59 Years R/o Kadambari Nagar Durg Tahsil And District Durg, Chhattisgarh ... Applicants versus 1. State of Chhattisgarh Through The Sho, P.S. - Basantpur, District - Rajnandgaon, Chhattisgarh 2. Naresh Kumar Jain S/o Sh. Snantilal Jain Aged About 45 Years R/o Ganj Chowk, Behind Sardari Lal Hardware, Rajnandgaon P.S. City Kotwali, Tahsil District Rajnandgaon, Chhattisgarh ... Non-applicants For Applicants
Legal Reasoning
: Mr. Garry Mukhopadhyay, Advocate For Non- : Mr. Bharat Gulbani, Panel Lawyer applicants/State Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.04.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection 2 with Complaint Case No. 20/2025 registered at Police Station – Basantpur, District – Rajnandgaon (C.G.) for the offence punishable under Sections 406, 408, 417, 418 (wrongly mentioned as 148 in the order sheet) 420, 424, 506 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that the complainant is a grain broker and applicant no 01 and 02 run rice mills, due to which they already know each other. That the complainant was informed by applicant no. 01 and 02 that a building named "The Colours Heights" is being constructed in Anupam Nagar, Rajnandgaon, (C.G.) in which one Rakesh Lakhwani and one Nandkishor have 50-50% partnership and the Rakesh Lakhwani wants to sell his share. That on the trust of applicant no. 02. the complainant entered into partnership with one Nandkishor and applicant no. 02 and executed a new partnership deed in which Nandkishor has 50% share, applicant no. 02 has 30% share and the complainant has 20% share. That for the work of the said partnership firm, the complainant had opened account number 049311100002175 in Union Bank of India That total no. of 48 houses were a proposed to be constructed in "The Colours Heights" Project, out of which the construction completed the year in 2021-22. That after the construction of the said project was completed, Nandkishor and applicant no. 02 Arun Kumar Mittal executed a general power of attorney on 07/02/2023, stating that the registration of the project was getting delayed due to complainant, and the name the of 3 executed applicant no. 2 Arun Kumar Mittal was registered as the power of attorney. That it was clearly provided in the said power of attorney that the consideration received from any sale shall be deposited in the bank account of the firm but taking advantage of the said power of attorney all the buildings of the said project were sold by the applicants within 02 months and that the applicants also sold the few buildings to their families at low prices and the complainant's share from the consideration amount received was not given to the complainant. That when the complainant discussed the matter with the applicants, they threatened to kill him. Even after reporting the matter to the police, no action of any kind was taken hence, he is also liable for action. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. By taking this Court to the partnership deed (Annexure- A/4), it is submitted that the applicants herein and the complainant are partners in a real estate construction project, namely, “The Colours Heights” and, on account of some financial dispute, the complainant has falsely implicated the present applicants herein. The dispute is of civil nature and there exists an arbitration clause in the partnership deed (Annexure-A/4) for redressal of the grievance of the complainant. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail 4 application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the applicants and the complainant are partners engaged in a real estate construction project, namely, “The Colours Heights” and, on account of some financial dispute, the complainant has lodged report against the applicants and, since the dispute is of civil nature and there exists an arbitration clause in the partnership deed (Annexure-A/4), at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 – Ramniwas Mittal and applicant No.2 Arun Kumar Mittal 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) The Applicants 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) The Applicants shall not act in any manner 5 which will be prejudicial to fair and expeditious trial. (c) The Applicants 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 surety 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)The Applicant shall not involve themselves in any offence of similar nature in future. Sd/- VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.05 19:58:09 +0530 vaishali (Ramesh Sinha) Chief Justice