Tahsil And District Mungeli, Chhattisgarh v. State Of Chhattisgarh Through Station House Of
Case Details
1 2025:CGHC:18374 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 529 of 2025 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN Suraj Singh Makkad S/o Shri Jogender Singh Makkad Aged About 46 Years R/o Shikshak Nagar, Ambedkar Ward, Mungeli, Chhattisgarh. Police Station- Tahsil And District Mungeli, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer Police Station- City Kotwali, Mungeli, District Mungeli, Chhattisgarh. ---- Non-Applicant(s) For Applicants For Non-Applicant For Objector
Legal Reasoning
:Ms. Fouzia Mirza, Sr. Advocate Assisted by Mr. Ali Afzal Mirza, Advocate. :Mr. U.K.S. Chandel, Deputy Advocate General. :Mr. Parth Shrivastava, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.04.2025 1. Proceedings of this case have been taken through video conferencing. 2. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.96/2025 registered at Police Station- City Kotwali, Mungeli District - Mungeli (C.G.) for the offences punishable under Sections 318(4), 308(2), 3(5), 61 and 111 of BNS. 3. Prosecution case in brief is that as per the written complaint made by 2 the complainant before the Police Station City Kotwali Mungeli, wherein he has stated that in August 2024 his acquaintances Nehal Singh Sandhu, Ayush Shriwas and Gurvinder Singh @ Laddu were the Director of One Black Hole Event Company and the complainant has invested money in the event conducted by the company on the assurance of good profit, in this context his acquaintances Ayush Thakur, Ayush Pratap Singh @ Sameer Thakur and Raju Sahu also asked him to invest in the above company and on account of deliberations with all of them he invested the money in the company with respect to event and money transactions was done between them, thereafter an event of organized by Black Hole Event Company and Nehal Singh Sandhu, Ayush Shriwas and Gurvinder Singh Sandhu informed him that they suffered a huge loss in the event and a dispute occurred with Ayush Thakur, Ayush Pratap Singh and Raju Sahu with respect to the money transaction, thereafter Ayush Thakur, Ayush Pratap Singh, Raju Sahu, Divyansh Thakur, Vijendra Jagtap, Lovjeet Singh, Vasu Pandey demanded money from the complainant and started threatening him and despite stating many a times that he is not involved in the event they were threatening him and on the point of knife they made him talk with the person on mobile at Swarn Vatika Mungeli, who asked him to give the money or else they will kill him and his family as they belong to the gang of Lawrance Bishnoi. Thereafter, the present applicant by pressurizing the complainant's mother and complainant got a registered sale deed executed and from the sale consideration asked his mother of withdraw Rs. 9 Lacs from the bank on 22.01.2025 and has also executed sale deed with the complainant 3 and have also taken 4 blank cheques of ICICI Bank Mungeli and 3 blank cheques of Axis Bank Mungeli were taken away belonging to their firm Siddharth Fuels and the cheque No. 047616 bank account of the Siddharth Fuels have been withdrawn by Raghvendra Pratap Singh Thaku by forging the signature of the mother, who is also known to Ayush Thakur, Ayush Pratap Singh, Raju Sahu, Divyansh Thakur, Vijendra Jagtap, Lovjeet Singh and present applicant by forging the signature of his mother and have also forcefully taken to Rin-pustika belonging to his mother and himself and they are threatening them and after getting this information he has stopped all his bank transactions and all these people are threatening them in the name of Lawrance Bishnoi. On 03.01.2025 they have pressurized him to execute an agreement with One Pradeep Singh for the land which has been already sold to present applicant, on this report the FIR has been registered and the matter is under investigation. 4. Learned counsel appearing for the applicant submits that the applicant is an innocent person and he has been falsely implicated in the abovementioned offence. They further submits that the complainant himself has suffered loss while investing in the Black Hole Event Company and was having certain money dispute with the directors of Black Hole Event Company. The complainant was in need of money so he got the sale deed executed of the land belonging to him and sold the land bearing khasra No. 32/3 to present applicant by registered sale deed dated 24.12.2024 and another land belonging to his mother Leena Baid bearing khasra No. 58/3 admeasuring 0.162 hectare at Village Chatarkhar has also been purchased by present applicant. The complainant has received the whole sale consideration at the time of 4 the registered sale deed dated 24.12.2024 and 21.01.2025 and as he was need of more money he himself in a fraudulent manner have executed a sale agreement of the land bearing khasra No. 32/3 with the present applicant and have received the Baimana Amount of Rs. 4,80,000/-. After the sale agreement of the land bearing khasra No. 32/3 being executed with the complainant, he came to know that the aforementioned land has already been sold by the complainant to the present applicant vide registered sale deed dated 24.12.2024. After receiving the information from the present applicant with whom the complainant have executed the sale deed the Pradeep Singh went to the complainant and confronted him with the registered sale deed on which the complainant became annoyed and when the Pradeep Singh said that he would be lodging complaint, the complainant in a malafide manner in order to save himself have lodged a false report on concocted ground in order to save him from the loss he suffered in the event and to create a dispute in the sale deed by making the land a disputed property. They further submits that the complainant himself has executed the registered sale deed with the present applicant and has received the sale consideration as per market price. After the sale deed being registered without getting the registered sale deed being cancelled by the court of law has filed the criminal case in order to get the land being purchased by the applicant vide registered sale deed as disputed land in order to extort money from the present applicant. At the time of the registered sale deed being executed before the registrar, no complaint has been made by the complainant with respect to not receiving the sale consideration. After the execution of the sale deed he executed a sale agreement with the Pradeep Singh 5 on 03.01.2025 of the land bearing khasra No. 32/3 situated at Village Chatarkhar which has already been sold vide registered sale deed to the present applicant on 24.12.2024 and when this information has been disclosed to the co-accused Pradeep Singh, the complainant got annoyed and lodged a false report. They further submits that this Court has enlarged co-accused Pradeep Singh on anticipatory bail vide order dated 04.04.2025, in MCRCA No. 466 of 2025, therefore he prays for grant of anticipatory bail to the applicant. 5. On the other hand, learned State counsel appearing for the Non- applicant/State as well as learned counsel for the objector oppose the prayer for grant of anticipatory bail to the applicant. They further submits that accused persons are alleged to cheat the complainant by signing valuable securities, sale deeds, and agreements with fraudulent intent, they also threatened to cause death, they are also members of the Lawrence Bishnoi gang and committing organized crimes as part of a criminal syndicate. Therefore, the present applicant is 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 & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary and also considering the fact that a civil dispute is also pending between the parties, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 6 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant Suraj Singh Makkad, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) He shall not directly or indirectly make any inducement, to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. or promise threat (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He 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 applicant 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal