Nafr High Court
Case Details
1 2025:CGHC:32272 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1014 of 2025 1 - Ashutosh Agrawal S/o Prahlad Narayan Agrawal Aged About 51 Years R/o Ward No. 11, Agrawalpara, Arang, District Raipur Chhattisgarh 2 - Rishabh Agrawal S/o Shrikant Agrawal Aged About 28 Years R/o Ward No. 11, Agrawalpara, Arang, District Raipur Chhattisgarh
Legal Reasoning
3 - Rupesh Agrawal S/o Shrikant Agrawal Aged About 40 Years R/o Ward No. 11, Agrawalpara, Arang, District Raipur Chhattisgarh versus ... Applicant State Of Chhattisgarh Through Police Station Arang, Raipur, District – Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Manoj Paranjpe, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. For Objector/Complainant : Mr. Chandresh Shrivastava, Advocate. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 11.07.2025 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 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 with Crime No. 368/2025 registered at Police Station – Arang, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 333, 324(4), 329(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution story, in brief, is that on 23.06.2025. The F.I.R. was 2 lodged by Ramkumar Chandrakar S/o Late Jagdish Prasad Chandrakar, inter alia on the allegations that, he is the owner of the land situated at Municipal Area Arang Ward No. 15, Station Road, House No. 14, present applicants with common intention have demolished the house without his consent. It has been further alleged that one Sunil Nebhwani had informed that, some persons are demolishing the house standing on my land. It has been alleged that, the complainant has requested the operator of JCB machine to stop the demolition of the house, at that point of time the operator of JCB machine has informed that, on the instructions of all the applicants herein, he has demolished the house. It has also been alleged that, the complainant has also requested the applicants for stopping of the said demolition process, but they had used the filthy language and abused him. Hence, this application. 3. It has been argued by the learned counsel for the applicants that the complainant is claiming that he is the owner of the house (temporary construction) standing over the land bearing Khasra No. 3668/1 क area 1468 Sqft. and he had entered into an agreement with Meena Pardhi for purchased of the said abadi land along with the construction and by virtue of the said agreement, he is the owner of the said property. It is further submitted that the property in question as alleged in the FIR is an abadi land belongs to the State Government and any abadi land cannot be sold or purchased by anyone. Even otherwise no right would be accrued on the basis of the said agreement. It is also submitted that in fact, Rambhajan Agrawal was the registered owner of the land bearing Khasra No. 3668/2 area 0.421 hectare, situated at village Arang, Raipur, Rambhajan Agrawal had 6 sons namely Late Prakash Chandra Agrawal, Prahlad Narayan Agrawal, Kapil Narayan Agrawal, Ajay Agrawal, Late Shivnarayan Agrawal, Late Shrikant Agrawal (died on 29.09.2024), 3 further, the applicant No.1 is the son of Prahlad Narayan Agrawal (co- owner of the property), applicants No. 2 and 3 are the sons of Shrikant Agrawal who died on 29.09.2024 and now they are also co-sharer of the subject properties, he died in the year 1994 and after his death the subject property were inherited by the applicant's father, which shows that the land bearing 3668/2 क area 0.421 hectare was recorded in the name of the applicant's ancestors. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as learned counsel for the complainant opposed the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. 6. I have heard learned counsel for the parties and perused the materials available on record. Taking into consideration the fact that the complainant is claiming that he is the owner of the house (temporary construction) standing over the land bearing Khasra No. 3668/1 क area 1468 Sqft. and he had entered into an agreement with Meena Pardhi for purchased of the said abadi land along with the construction and by virtue of the said agreement, he is the owner of the said property. Furthermore, in fact, Rambhajan Agrawal was the registered owner of the land bearing Khasra No. 3668/2 area 0.421 hectare, situated at village Arang, Raipur, Rambhajan Agrawal had 6 sons namely Late Prakash Chandra Agrawal, Prahlad Narayan Agrawal, Kapil Narayan Agrawal, Ajay Agrawal, Late Shivnarayan Agrawal, Late Shrikant Agrawal (died on 29.09.2024), further, the applicant No.1 is the son of Prahlad Narayan Agrawal (co-owner of the property), applicants No. 2 and 3 are the sons of Shrikant Agrawal who died on 29.09.2024 and now they are also co-sharer of the subject properties, he died in the 4 year 1994 and after his death the subject property were inherited by the applicant's father, which shows that the land bearing 3668/2 क area 0.421 hectare was recorded in the name of the applicant's ancestors. 7. Considering the facts and circumstances of the case and from the perusal of the case diary it transpires that the nature of dispute between the parties are civil in nature, at this stage without expressing any opinion on merits, this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Ashutosh Agrawal, Rishabh Agrawal and Rupesh Agrawal 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) The Applicant 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 Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar