SONU YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the applicant who has been arrested in connection with Crime No.272/2024 registered at Police Station Civil Lines, Raipur (CG) for the offence punishable under Sec. 420 of the Indian Penal Code, 1860.

(2.) Case of the prosecution, in brief, is that a complaint was made by one Sushil Pagariya alleging failure of the applicant to pay him the value of land sold by him to the applicant. On such complaint the police registered the FIR and led to investigation of the matter.

(3.) Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the dispute arose on account of the failure of the complainant to handover the commercial site to Shridhar Rao Kumre, the companion of applicant's late father as per an agreement so executed dtd. 2/3/2019 between them even after receiving Rs.30.00 Lakh and subsequently on execution of sale deed by the complainant with the applicant in lieu of such amount with an understanding that the sale-purchase would be shown against payment of amount through bank cheques, which owing to mismatch of signatures of the applicant could not be cleared. He would further submit that the complainant instead of asking the applicant to pay the amount through fresh cheques adhered to filing of complaint case under NI Act, 1881 and simultaneously filed a civil suit for getting the sale-deed declared null and void. He would submit that the applicant is in jail since 25/03/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant.