Station Baradwar, District Sakti Chhattisgarh v. State Of Chhattisgarh Through District Magistrate Sakti, District Sakt
Case Details
1 2025:CGHC:17481 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 527 of 2025 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 1 - Satyanarayan Chandra S/o Late Bhanuprasad Chandra Aged About 80 Years Aadhar No. 533282401925, Caste Chandranahu, R/o Village Jhalraunda, Tahsil Jaijaipur, Police Station Baradwar, District Sakti Chhattisgarh. 2 - Ajay Singh Chandra S/o Satyanarayan Chandra Aged About 54 Years Aadhar No. 289234875897, Caste Chandranahu, R/o Village Jhalraunda, Tahsil Jaijaipur, Police Station Baradwar, District Sakti Chhattisgarh. 3 - Sanjay Singh Chandra S/o Satyanarayan Chandra Aged About 50 Years Aadhar No. 970609807545, Caste Chandranahu, R/o Village Jhalraunda, Tahsil Jaijaipur, Police Station Baradwar, District Sakti Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through District Magistrate Sakti, District Sakti, C.G. Through Police Station Baradwar, District Sakti Chhattisgarh. ... Non-applicant(s) For Applicants
Legal Reasoning
: Mr. Deepak Kumar Singh, Advocate For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.04.2025 2 1. Proceedings of this case have been taken through video conferencing 2. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicants, who are apprehending their arrest in connection with Crime No.61/2025 registered at Police Station- Baradwar District- Sakti, (C.G.) for the offence punishable under Sections 407, 409, 411, 414, 34 of IPC. 3. Prosecution case, in brief, is that the complainant- Jainarayan Chandra has lodged written complaint before Police Station Baradwar, District Sakti (C.G.) stating therein that his father was a farmer and he has having bank account in Jila Sahakari Kendriya Bank Maryadit Sakti, currently the bank account No. is 6060290xxxxx in which the name of both brothers was recorded and his elder brother alongwith his son Ajay has taken signature of complainant in the printed blank form in the year 2009- 10 for recording the name of complainant in the said bank account and told the complainant that his name has been recorded in the said bank account. On 10.06.2024 complainant has gone for taking bank statement of the said bank account then he knew that his name has been not recorded as the account holder but main account holder is Satyanarayan Singh Chandra and other account holder is Ajay Singh. That the applicant was not telling about the details of income, expenses and bank account from the ancestral property and the details of places where the income has been invested and further stated that the income from ancestral property and compensation amount from acquired land for canal and high-tension electric line 3 has been misused by them for purchasing movable and immovable property and living a comfort life. Complainant has also stated that money from agriculture income from bank account in Jila Sahakari Kendriya Bank Maryadit Sakti, currently the bank account No. is 6060290xxxxx has been transferred by Satyanarayan Chandra to the bank account of his son Sanjay bank account. Upon such act, the Police Station Baradwar, District Sakti (C.G.) has registered Crime No. 61/2025, offence punishable under section 407, 409, 411, 414, 34 of Indian Penal Code against applicants. 4. Learned counsel for the applicants submits that the applicants are innocent person and they have not committed any offence as alleged by the prosecution. He further submits that on 06.06.1997 the applicant No.1 Satyanarayan Chandra and the applicant No. 2 Ajay Chandra has opened the joint account at Jila Sahakari Kendriya Bank Maryadit, Sakti in which account No. was 5649 which was changed to bank account no. 6060290xxxxx. The father of complainant Bhanuprasad Chandra was never the account holder of bank account No. 5649 or bank account no. 606029026156 of Jila Sahakari Kendriya Bank Maryadit Sakti. The complainant and applicants are family member and applicant No.1 is an elder brother and applicant No. 2 & 3 are the nephew of complainant. The applicant No.1 is a retired teacher and 80 years old, applicant No.2 is a director of crusher and applicant No.3 is a farmer. The joint ancestral land partition dispute is going on between complainant and applicants. The applicants have not mismanaged any money from the account of the complainant. 4 Therefore, the offences under Section 407, 409, 411, 414, 34 of Indian Penal Code applicants are not made out against the applicant. Accordingly, he prays for grant of anticipatory bail to the applicants. 5. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that the applicants have criminal antecedents which have been explained in the anticipatory bail application in para No. 4(A) further looking to the seriousness of this case, the present applicants are not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and further the fact that the complainant and applicants are family member and the applicant No.1 is an elder brother of the complainant and applicant No. 2 and 3 are nephew, further there was a dispute going on between the parties with respect to the joint ancestral land partition therefore, a false report has been lodged against them, thus without further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicants. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants- Satyanarayan Chandra, Ajay Singh Chandra and Sanjay Singh Chandra on executing a personal bond and one surety each in the like sum to the 5 satisfaction of the arresting OfÏcer, they shall be released on anticipatory 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 surety shall submit a copy of their adhaar card along with a coloured 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. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal