Regular bail may be granted when the charge-sheet has been filed, the accused has no prior criminal antecedents, and the trial is expected to take considerable time, even in cases involving allegations of cheating in land transactions.

Order on Board

1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 270/2025, registered at Police Station – Mujgahan, District - Raipur (C.G.) for the offence punishable under Section 420 of Indian Penal Code.

2. The case of the prosecution, in brief, is that the complainant, Kuleshwar Dewangan, in January 2024 purchased a parcel of land from the present applicant situated at Sejbahar, bearing P.H. No. 82, Khasra Nos. 462/36 and 462/37, admeasuring 0.021 hectare and 0.0095 hectare respectively (total area approximately 2300 sq. ft.), for a total consideration of Rs. 7,00,000/-. The agreement to sell was executed between the parties on 22.02.2024 on a Rs. 50/- non-judicial stamp paper, which was duly notarized. The agreement was executed in the presence of witnesses, namely Jitendra Sahu, Sarita Choubey, Rekhlal Nagpure, and others. It was stipulated in the agreement that the registry of the land would be completed within four months. At the time of execution of the agreement, a sum of Rs. 4,80,000/- was transferred through cheque bearing No. 079895 from the account of the complainant’s wife, Smt. Nikita Dewangan, maintained at Central Bank of India, Sunder Nagar Branch, Raipur. On 23.02.2024, an amount of Rs. 20,000/- was transferred via RTGS through the complainant’s mobile phone from his SBI account, Raipur Branch. Further, on 22.02.2024, an amount of Rs. 30,000/- was paid in cash. Thus, a total sum of Rs. 5,30,000/- was paid to the present applicant. Thereafter, when the complainant requested the applicant to execute the registry of the land, the applicant began delaying the matter and avoided compliance. Prior to the expiry of the stipulated period under the agreement, the applicant executed a power of attorney in favour of Sandeep Yadu, and the said land was subsequently sold to Smt. Laxmi Thakur on 16.05.2024. In this manner, the present applicant allegedly cheated the complainant by failing to execute the registry of the land despite having received a substantial amount from him. On the basis of the written complaint submitted by the complainant, Police Station Mujgahan, District Raipur, registered an offence against the present applicant under Section 420 of the IPC, vide Crime No. 270/2025, and commenced investigation. Upon completion of the investigation, a final report bearing No. 236/2025 was prepared and submitted before the learned JMFC, Raipur on 31.12.2025.

3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that in the year 2023, the present applicant had executed a Power of Attorney in favour of Sandeep Yadu in respect of the land in question. Thereafter, in the year 2024, the present applicant entered into an agreement to sell the said land to the complainant and duly informed Sandeep Yadu, the Power of Attorney holder, about the said transaction. Despite having knowledge of the agreement between the complainant and the present applicant, Sandeep Yadu, without the knowledge or consent of the present applicant, executed a sale deed in favour of Smt. Laxmi Thakur. The present applicant was unaware of the said transaction. Thus, Sandeep Yadu, in a conspiratorial manner and without authority or intimation to the present applicant, sold the land to a third party. It is p