Nafr High Court
Case Details
1 2025:CGHC:16457 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 489 of 2025 1. Smt. Supeta Matiyara W/o S.K. Matiyara Aged About 62 Years R/o- Mahamai Para, Purani Basti, Raipur, Tehsil And District- Raipur (C.G.) 2. Vijay Sapaha S/o Late Jagdu Sapaha Aged About 60 Years R/o- Mahamai Para, Purani Basti, Raipur, Tehsil And District- Raipur (C.G.) 3. Brijlal Sapaha S/o Late Jagdu Sapaha Aged About 50 Years R/o- Mahamai Para, Purani Basti, Raipur, Tehsil And District- Raipur (C.G.) 4. Rakesh Sapaha S/o Late Onkar Sapaha Aged About 40 Years R/o- Mahamai Para, Purani Basti, Raipur, Tehsil And District- Raipur (C.G.) 5. Deepak Sapaha S/o Late Onkar Sapaha Aged About 42 Years R/o- Mahamai Para, Purani Basti, Raipur, Tehsil And District- Raipur (C.G.)
Legal Reasoning
prima facie offence is made out against the applicants and they have deliberately dragged in this case. Therefore, he prays for grant of anticipatory bail to the applicants. 5. On the other hand, learned State counsel opposes the bail application and submits that there is no previous criminal antecedents of the applicants but looking to the over-tact the applicants are not entitled for grant of anticipatory bail in this case. 6. Mr. Goutam Khetrapal, learned counsel for the Objector opposes the submissions made by learned counsel for the applicants and raised his strong objection for granting anticipatory bail to the applicants. 7. I have heard learned counsel for the parties and perused the materials available on record. 8. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicants, and from the perusal of the case diary it transpires that there is no previous antecedents of the applicants, 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. 9. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – 1. Smt. Supeta Matiyara, 2.Vijay Sapaha, 3.Brijlal Sapaha, 4.Rakesh 5 Sapaha, 5.Deepak Sapaha, 6.Smt. Kamla Bai Dhimar, 7.Smt. Dasri Bai, 8.Smt. Mutan Bai, 9.Smt. Heera Bai, 10.Smt. Lakshmin Bai, 11.Smt. Mamta Bai, 12.Smt. Karuna Dhimar, 13.Smt. Shakun Bai, 14.Smt. Saraswati Bai on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting Officer, he 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 him from disclosing such fact to the Court. (b) The Applicants shall not act in any manner 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 him by the said Court till disposal of the trial. (d)The Applicants and the surety shall submit a copy of their adhaar card along-with a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicants shall not involve themselves in any offence of similar nature in future. Sd/- VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.14 14:14:16 +0530 vaishali (Ramesh Sinha) CHIEF JUSTICE
Arguments
6. Smt. Kamla Bai Dhimar W/o Late Baisakhu Dhimar Aged About 64 Years R/o- Mahamai Para, Purani Basti, Raipur, Tehsil And District- Raipur (C.G.) 7. Smt. Dasri Bai W/o Late Gendlal Farikar Aged About 68 Years R/o- Mahamai Para, Purani Basti, Raipur, Tehsil And District- Raipur (C.G.) 8. Smt. Mutan Bai W/o Late Punuram Aged About 66 Years R/o- Mahamai Para, Purani Basti, Raipur, Tehsil And District- Raipur (C.G.) 9. Smt. Heera Bai W/o Late Omprakash Aged About 45 Years R/o- Mahamai Para, Purani Basti, Raipur, Tehsil And District- Raipur (C.G.) 2 10. Smt. Lakshmin Bai W/o Budheswar Aged About 46 Years R/o- Mahamai Para, Purani Basti, Raipur, Tehsil And District- Raipur (C.G.) 11. Smt. Mamta Bai W/o Banwari Dhiwar Aged About 34 Years R/o- Mahamai Para, Purani Basti, Raipur, Tehsil And District- Raipur (C.G.) 12. Smt. Karuna Dhimar W/o Domar Fhutan Aged About 48 Years R/o- Mahamai Para, Purani Basti, Raipur, Tehsil And District- Raipur (C.G.) 13. Smt. Shakun Bai W/o Vijay Dhimar Aged About 55 Years R/o- Mahamai Para, Purani Basti, Raipur, Tehsil And District- Raipur (C.G.) 14. Smt. Saraswati Bai W/o Brijlal Aged About 48 Years R/o- Mahamai Para, Purani Basti, Raipur, Tehsil And District- Raipur (C.G.) versus ... Applicants • State Of Chhattisgarh Through- S.H.O., Police Station- Purani Basti, Raipur, District- Raipur, C.G. ... Non-applicant For Applicant For Non- applicant/State For Objector :Mr. Y.C. Sharma along with Mr. Pushkar Sinha, Advocate :Mr. U.K.S. Chandel, Dy. A.G. Mr. Goutam Khetrapal, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/04/2025 1. Proccedings of this matter have been taken through video conferencing. 2. 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 3 with Crime No. 110/2025 registered at Police Station – Purani Basti, District – Raipur (C.G.) for the offence punishable under Sections 420, 34 of the Indian Penal Code (IPC). 3. The prosecution story, in brief, is that complainant lodged a written report and alleged that complainant made an agreement for purchase of land situated at Professor colony, Raipur, R.N.M., Raipur C.G. bearing P.H.N. 62, Khasra No.1600 area 0.458 Hectare, Khasra No, 1717 area, 0.065 Hectare, total 0.523 Hectare which comes to 56,000 square feet with applicants for the consideration amount of Rs. 7,47,60,000/- and out of which Rs.4,21,84,623 has been paid to the applicants but now the applicants were denied for registry of the above said land and also not returned back money to the complainant, therefore, complainant lodged report and offence under Section 420/24 of IPC has been registered against the present applicants. Hence, this application. 4. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted by learned counsel for the applicants that the complainant received the money for the other purchaser in the year 2021-2022 and used that money in his election candidature at Birgaon Nagar Nigam election and when the complainant not registry the land in their favour then the purchaser were demanded back their money and when complainant failed to returned back their money he made false accusation upon the applicants and by misusing his political 4 influence made false case against them. He also submits that no