GURPREET SINGH CHAWLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These 1st anticipatory bail applications under Sec. 438 of the Code of Criminal Procedure have been filed by the Applicants, who are apprehending their arrest in connection with Crime No.117/2023 registered at PS Mana Camp, District Raipur (CG) for the offence punishable under Ss. 420, 467, 468/34 and 120-B IPC.

(2.) Prosecution case is that the Applicants have jointly entered into an agreement of sale on 29/7/2021 with the Complainant namely Vinish Kumar Chabra and his father namely Surendra Kumar Chabra for sale of land situated at village Temri, Raipur and they have also obtained earnest money of Rs.4.00 crores. It is alleged that though in the said agreement, it has been shown that the lands for which transaction was made was adjacent to the VIP road and are in one chuk (piece), but when the present Applicants sent demarcation report, it came to the notice of the Complainant party that the lands were not in one chuk (piece) and also not situated adjacent to the main road and thus they have been cheated, therefore, the aforesaid offence has been registered against the present Applicants.

(3.) Learned counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the crime in question. He further submits that the transaction was purely of civil nature and in the agreement, at clause No.5, it has been mentioned specifically that the consideration has to be paid only for the identified land after demarcation as per the agreed price but the Complainant party had given a criminal color to it by lodging the FIR for a civil dispute. He further submits that one of the co-accused namely Anil Kumar Kedia has already been granted interim protection vide order dtd. 2/5/2023 passed by this Court in M.Cr.C No.529/2023, therefore, considering all these aspects, the present Applicants may be granted the benefit of anticipatory bail.