Nafr High Court
Case Details
1 2025:CGHC:44016 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1302 of 2025 1 - Rama Sonkar W/o Late Shri Yashwant Sonkar Aged About 61 Years R/o Kushalpur, Raipur, District - Raipur (C.G.) VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.29 18:37:27 +0530
Legal Reasoning
2 - Lalita Sonkar W/o Shri Bhagwat Sonkar Aged About 58 Years R/o Ward No. 19, Edruz Ward Mungeli (Not Mentioned In Impugned Order) District - Mungeli (C.G.) 3 - Anita Sonker W/o Late Shri Ramadhin Sonkar Aged About 56 Years R/o Ramakrishna Ashram, Narayanpur (Not Mentioned In Impugned Order ) District - Narayanpur (C.G.) 4 - Savita Purbiya W/o Mr. Rajesh Purbiya Aged About 54 Years R/o Vinoba Bhave Ward No. 21, Mungeli (Ward No. 21 And Mungeli Not Mentioned In The Impugned Order) District - Mungeli (C.G.) 5 - Narendra Sonkar S/o Late Shri Mohanlal Sonkar Aged About 59 Years R/o Ramkundpara, Raipur (C.G.) 6 - Jaiprakash Sonkar S/o Late Shri Mohanlal Sonkar Aged About 51 Years R/o Ramkundpara, Raipur (C.G.) 7 - Ajay Sonkar S/o Late Shri Mohanlal Sonkar Aged About 49 Years R/o Ramkundpara, Raipur (C.G.) (Ramkundpara, Raipur (C.G.) Not Mentioned In The Impugned Order) 8 - Bhima @ Sohanlal Sonkar S/o Late Shri Gangaram Sonkar Aged About 77 Years (Not Mentioned In The Impugned Order ) Age 77 Years, R/o 14, Central Avenue East Choubey Colony, Raipur (C.G.) 9 - Ramdulare Sonkar S/o Late Shri Gangaram Sonkar Aged About 74 Years R/o Beside Mahamaya Hospital, Rohinipuram Raipur (C.G.) 10 - Ishwar Kumar Sonkar S/o Late Shri Gangaram Sonkar Aged About 64 Years R/o Shiv Chowk Lavanya Beauty Parlour, Bhim Nagar, Raipur (C.G.) 2 11 - Mahesh Sonkar S/o Late Shri Gangaram Sonkar Aged About 58 Years R/o Ramkundpara, Raipur (C.G.) (Raipur Not Mentioned In Impuged Order ) 12 - Raviprakash Sonkar S/o Late Shri Gangaram Sonkar Aged About 57 Years R/o Ramkundpara, Raipur (C.G.) (Ramkundpara Raipur (C.G.) Not Mentioned In The Impugned Order) ...Applicants versus State Of Chhattisgarh Through P.S. Gudhiyari, District - Raipur- (C.G.) ... Non-applicant For Applicants : Mr. Sachidanand Yadav, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.08.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who have been apprehending his arrest in connection with Crime No. 365/2025 registered at Police Station – Gudhiyari, District - Raipur (C.G.) offence under Sections 292 (C) of the Chhattisgarh Municipal Corporation Act 1956. 2. As per the prosecution story, in brief, a written complaint was submitted by the Assistant Engineer of Zone 7, Municipal Corporation Raipur, stating that the present applicants, being the landowners of Khasra No. 844/1 of Mauja village Chirduldhi, P.H. No. 52, admeasuring 0.9054 hectare, are selling their diverted plots in small pieces by carrying out illegal plotting without obtaining colony development permission from the Municipal Corporation, Raipur, which constitutes an offence under Section 292(c) of the Municipal Corporation Act. 3. Learned counsel for the applicants submits that the applicants have 3 been falsely implicated in the present case and have no knowledge of any offence. The land in question, Khasra No. 844/1, area 0.9054 hectare, situated at Gudhiyari, was their ancestral property, which they sold from time to time over a span of 13 years (2010–2023) to meet financial needs, without ever indulging in illegal plotting or executing any sale deed in the name of a colony. The FIR has been registered merely on suspicion on the basis of a letter of the Assistant Engineer, Zone No. 07, Municipal Corporation, Raipur, which is contrary to Section 396 of the Chhattisgarh Municipal Corporation Act, 1956, as held by the Hon’ble High Court of Chhattisgarh in Smt. Sangeeta Kabra vs. State of Chhattisgarh & Anr., WPCR/863/2021. Moreover, there is an unexplained delay of 12 months between the alleged incident (10.08.2024) and the FIR (08.08.2025), raising serious doubts about the allegations. It is further submitted that Applicants No. 1 to 4 are women and Applicants No. 8 to 12 are elderly persons having no role in the alleged offence. The applicants undertake to abide by all conditions that may be imposed by this Hon’ble Court and are therefore entitled to the grant of anticipatory bail. therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and 4 the material available in the case diary, this Court, without expressing any opinion on the merits, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants - Rama Sonkar, Lalita Sonkar, Anita Sonker, Savita Purbiya, Narendra Sonkar, Jaiprakash Sonkar, Ajay Sonkar, Bhima @ Sohanlal Sonkar, Ramdulare Sonkar, Ishwar Kumar Sonkar, Mahesh Sonkar & Raviprakash Sonkar, on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- threat (a) they shall not directly or indirectly make any to any person inducement, acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court. or promise (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 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 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/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav