Mohammed Ali vs State Of Chhattisgarh

Sachin Singh Rajput, J

This is the first application under Section 482 of Bhartiya Nagarik Suraksha Sanhita (BNSS) 2023 filed by the accused/applicant for grant of anticipatory bail in connection with Crime No.250/2022 registered at Police Station Somni, District Rajnandgaon, C.G. for the offence punishable under Sections 419, 420, 467, 468, 471 and 120-B of the IPC.

The prosecution case in nutshell is that complainant Purnima Sinha, has lodged a written complaint alleging that in her name at Village – Tedesara, certain lands exist and by impersonating another lady at her place, her land was sold to various persons namely Jyoti Thakur, Hemraj Dongre, Gyanu Dubey, Pushpendra Kapoor and others. On such allegations, the aforesaid offences have been registered against the present applicant and other ten persons.

Learned counsel for the applicant submits that the applicant is an innocent and he is a bonafide purchaser and a civil suit has already been filed for cancellation of the sale deed. He submits that co-accused namely Ravindra Singh Thakur with similar allegations has already been granted anticipatory bail by the Co-ordinate Bench of this Court passed in MCRCA No.1576 of 2022 vide order dated 21.04.2023, therefore, he prays that the benefit may be extended.

On pointed query being asked by the Court, learned State counsel submits that the case of the applicant is identical to the case of other co-accused Ravindra Singh Thakur.

I have heard learned counsel for the parties and perused the case diary.

Taking into consideration the aforesaid submissions and other co-accused with similar allegations have already granted bail by this Court, this Court is of the opinion that it a fit case for grant of anticipatory bail to the applicant.

Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, on furnishing him a personal bond in the sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail on the following conditions:-

(a) He shall make himself available for interrogation by a police officer as and when required,

(b) He 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 or to any police officer,

(c) He shall not act in any manner which will be prejudicial to fair and expeditious trial,

(d) after filing of the charge-sheet, he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial,

(e) He shall not involve himself in any offence of similar nature in future.

(f) He shall not disturb the possession of the complainant and as per his submissions he has to co-operate to the original complainant – Purnima Singh for cancellation of the sale deeds, which was made in a fraudulent manner in favour of the purchasers,

(g) He shall furnish the list of his immovable property purchased by him and his dependent family members, wife and children and shall not alienate any of the immovable property, without retaining the permission from the concerned trial Court.