Anurag Kumar Pandey vs State Of Chhattisgarh

core.xml

Ramesh Sinha, CJ

This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who are apprehending their arrest in connection with Crime No. 59/2026 registered at Police Station –Sakri, District - Bilaspur (C.G.) for the offences punishable under Sections 420, 464, 467, 468, 471, 34 of Indian Penal Code.

Case of the prosecution, in brief, is that on 20.01.2026, the informant, Manish Shukla, lodged an FIR at Police Station Sakri, District Bilaspur, alleging that the applicants and co-accused Akhilesh Pandey falsely declared him dead, prepared forged affidavits/documents, and fraudulently sold House No. 04 constructed on Khasra No. 258 (area 0.1500 hectare) situated at Village Sakri, which was recorded in the joint names of his minor children and allegedly inherited from their maternal grandfather through their deceased mother (late Smt. Amita Shukla, who died on 04.04.2018). It is alleged that the property was sold on 09.10.2023, the sale consideration was distributed among the accused persons, and the property was mutated in the purchaser’s name. On the basis of the said report, Crime No. 59/2026 was registered under Sections 420, 464, 467, 468, 471, and 34 IPC at Police Station Sakri, District Bilaspur. Hence, this bail application.

Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case and the dispute pertains to ancestral property and is purely civil in nature. He would submit that late Smt. Amita had executed a relinquishment deed dated 15.09.2010 in favour of her mother and brothers. Thereafter, the names of her minor children were duly mutated in the revenue records, and the present applicant was appointed as de facto guardian by the competent Tahsildar. He would submit that part of the property was acquired for the Arpa Bhaisa Jhar Project, and compensation of Rs.3,44,138/- was ordered to be deposited in fixed deposit in the names of the minors, and the memo was handed over to the informant. He would submit that the alleged insertion of the word“Late”before the name of the complainant in the sale deed dated 09.10.2023 appears to be a bona fide typographical error by the document writer, as in revenue records and subsequent sale deed dated 13.05.2024 the complainant is shown as alive. He would submit that the applicants were duly authorized through revenue orders and power of attorney; hence, no offence of cheating or forgery is made out. He would submit that the applicants have no criminal antecedents, are in service, and they are permanent resident of address shown in the cause title, there is no chance of their absconding and applicants are ready to furnish adequate surety and shall abide by all the directions and conditions, which may be imposed by this Court, therefore, he submits that the present applicants are entitled to be released on anticipatory bail.

On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail.

I have heard learned counsel for the parties and perused the materials available on record.

Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the nature of allegations against the applicants and also considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicants.

Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants–Anurag Kumar Pandey & Abhishek Pandey, on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:-

(a) The applicants 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 applicants shall not act in any manner which will be prejudicial to fair and expeditious trial.

(c) The applicants 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) The applicants shall not involve themselves in any offence of similar nature in future.