MCRCA/1523/2026 of BHIKHAMCHAND SAHU Vs STATE OF CHHATTISGARH on 15 September 2026

1. Applicant has preferred this application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 127 of 2026 registered at Police Station- Komakhan, District Mahasamund (C.G.) for offence punishable under Sections 318(4), 351(2), 3(5) of B. N. S..

2. Case of the prosecution, in brief, is that the complainant has lodged a written report alleging therein that the applicant had agreed to sale the land bearing ख.नं. 358

रकबा0.6700 हेक्टेयर, ख.नं. 303

रकबा0.5400 हेक्टेयर, ख.नं. 304

रकबा0.3500 हेक्टेयर, ख.नं. 305

रकबा0.5000, ख.नं. 310 रकबा 0.9200 हेक्टेयर, ख.नं. 301

रकबा2.2100 हेक्टेयर, ख.नं. 321

रकबा1.7900, ख.नं.

रकबा0.2500 हेक्टेयर, ख.नं. 201

रकबा0.0200 हेक्टेयर, ख.नं. 203 रकबा 0.1700 हेक्टेयर, ख.नं. 172

रकबा0.3600 हेक्टेयर, comprising a total area of 19 acres, for a total consideration of Rs. 70,00,000/-. Accepted advance amount of Rs. 11,85,000 on different dates. The applicant refused to execute the sale deed in favour of the complainant and, instead, sold the said land to another person. On the basis of the aforesaid allegations, FIR was registered against the applicant for the offences mentioned in paragraph 1 hereinabove.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He also submits that the contents of the complaint itself shows that the applicant did not execute the sale-deed as agreed between the parties, as recorded in the agreement to sale. It is, therefore, submitted that the complainant has attempted to give a civil dispute, colour of a criminal case. Copy of the agreement entered into between the parties has also been enclosed. He further submits that, according to the allegations, the applicant had sold only his own share in the property out of total land of agreement. There is no criminal antecedent registered against the applicant. Hence, he may be enlarged on bail.

4. Learned State Counsel opposes the submissions advanced by learned counsel for the applicant and submits that as per allegations pursuant to the agreement, applicant had received an advance amount and thereafter sold the land to another person. However, he does not dispute the submission of learned counsel for the applicant that the applicant has no criminal antecedents.

5. I have heard learned counsel for the respective parties and also perused the documents enclosed along with bail application.

6. On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, age of the applicant to be 67 years and further that there was an agreement between the complainant with the applicant and other person for agreement of sale, without commenting anything on merits, I am inclined to allow this anticipatory bail application.

7. Accordingly, application is allowed and it is directed that in the event of arrest of applicant in connection with the crime in question Crime No. 127 of 2026, he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of ₹25,000/- with one surety in the like sum to the satisfaction of the concerned arresting Officer. Applicant shall also abide by the following conditions:

(i) that the applicant shall make himself available for interrogation before the Investigation Officer as and when required;

(ii) that 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/her from disclosing such facts to the Court or to any police officer;

(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

(iv) that 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.

8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-

(Parth Prateem Sahu)

JUDGE Ami