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Judgment
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. 118/2026 registered at Police Station - Bhupdeopur, Raigarh (C.G.) for the offence punishable under Sections 318(4) and 3(5) of the BNS.
The prosecution case, in brief, is that the complainant, Goutam Soni, was introduced to the applicant and other accused persons through one Sudama Dewangan, and on 11.11.2025, they agreed to purchase the subject property at the rate of Rs. 1,20,000/- per decimal. Accordingly, an agreement to sell was executed, and an advance amount of Rs.3,21,000/- was paid. As per agreement, the sale deed was to be executed within a period of six months. Thereafter, the applicant allegedly received further amounts from the complainant, taking the total amount paid to Rs.17,21,000/-. However, subsequently, the applicant and other accused persons allegedly sold the land, which was the subject matter of the agreement, to one Awadh Ram Patel on 10.06.2026. On the basis of the complaint lodged by the complainant, the aforementioned crime was registered against the applicant and other accused persons.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that the complainant failed to execute the sale deed despite execution of four successive agreements in his favour. Thereafter, the land, which was the subject matter of the agreement, was sold to a third person, namely, Awadh Ram Patel. Learned counsel further submits that the dispute is purely civil in nature and has been given a criminal colour. He also submits that the applicant is a 76-year-old woman and has no criminal antecedents. Therefore, applicant may be granted the benefit of anticipatory bail.
Learned State Counsel opposes the submissions made by learned counsel for the applicant and submits that, as per the complaint, the complainant paid a total sum of Rs.17,21,000/- to the applicant. After receiving the said amount, the applicant transferred the property to a third person without refunding the amount.
I have heard learned counsel for the respective parties.
On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, without commenting anything on merits, I am inclined to allow this anticipatory bail application.
Accordingly, application is allowed and it is directed that in the event of arrest of applicant in connection with the crime in question (118/2026), he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of Rs.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:
that the applicant shall make herself available for interrogation before the Investigation Officer as and when required;
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;
that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial;
that the applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial.
Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.