Allowed

Anjorbai v. State of Chhattisgarh

Chhattisgarh HC10 Aug 2022MCRCA/655/2022

Case brief

AI extract

What is this about?

The Bilaspur High Court granted anticipatory bail to an illiterate female applicant apprehending arrest for alleged cheating under Section 420 IPC. The dispute involved an alleged sale of partially constructed house where the applicant was accused of selling the land to another person after entering an agreement.

What did the court decide?

Application allowed; applicant directed to be released on personal bond for Rs.25,000/- with one surety subject to conditions.

Anjorbai Vs State of Chhattisgarh — Contract and Commercial Disputes | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No. 655 of 2022

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Anjorbai W/o Siyaram Patre Aged About 60 Years R/o Ghoghrapara Tahsil Lormi, District : Mungeli, Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station - Civil Line, District : Bilaspur, Chhattisgarh

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---- Respondent

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For Applicant : Smt. Indira Tripathi, Advocate. For Respondent : Shri BL Sahu, PL.

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Hon'ble Shri Deepak Kumar Tiwari, J

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Order On Board

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10/08/2022

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The applicant has preferred this application for grant of anticipatory bail as she apprehends her arrest in connection with Crime No.405/2022 registered in Police Station Civil Lines, District Bilaspur for offence under Section 420, 34 of the IPC.

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Prosecution case is that complainant Urmila Sonwani has lodged an FIR on 19.4.2022 at PS Civil Lines, Bilaspur alleging that she has entered into an agreement with the present applicant, her son Khem Patre and one Amir Chand on 5.12.2018 for sale of half constructed house built on Khasra No.22/74, ad measuring 6.36 decimal (2773 square feet) for a

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consideration of Rs.35 lakhs, out of which Rs.1,50,000/- was paid on 5.12.2018 and cash of Rs.35,000/- was paid on 6.1.2019. It was also agreed that the amount which was utilized for construction of half built house would be adjusted in the final consideration and for the said purpose the complainant has made an expenditure of Rs.6 lakhs. Thereafter it has been revealed that the applicant has already sold the agreed land to another person. Therefore, aforesaid offence has been registered.

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Learned counsel for the applicant submits that the applicant is an illiterate lady aged about 56 years. The complainant’s husband is working with the police department and only to get the loan at higher amount, the complainant himself wrongly entered the area in the agreement and she was aware of the area of the land. Though the dispute is civil in nature, however, till so far no civil suit has been filed to execute specific performance and there was no intention to cheat the complainant. So offence under Section 420 of the IPC is not made out. She would further submit that 2 accused persons have arleady been enlarged on anticipatory bail by the Additional Sessions Judge on 25^th April, 2022, so, the applicant may be released on anticipatory bail.

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Per contra, learned State Counsel opposes the prayer for grant of anticipatory bail.

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Having considered the submissions, the nature of dispute and the role of the present applicant, without further commenting anything on the

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merits of the case, I am inclined to grant anticipatory bail to the applicant.

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Accordingly, the Application is allowed and it is directed that in the event of arrest of the applicant, she shall be released on anticipatory bail on her executing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:-

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(i) she shall not influence the witnesses during trial.

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(ii) she shall make herself available for interrogation by a police officer as and when required;

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(iii) she 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 facts to the Court or to any police officer.

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Barve

Anjorbai v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Anjorbai v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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