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2026:CGHC:23389

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRCA No. 673 of 2026

Reserved on : 14.05.2026

Delivered on : 19.05 .2026

Hitesh Choubey S/o Ishwar Prasad Choubey Aged About 41 Years R/o

B/2, Sector 2, Agroha Colony, Raipur, Distt. Raipur, CG.... Applicant(s)

versus

State Of Chhattisgarh Through Station House Officer, P.S. D.D. Nagar,

Raipur, Distt. Raipur, Chhattisgarh. --- Respondent

________________________________________________________

For Applicant : Mr. Gendesh Dadsena, with Mr. Anil

Pillai, Advocates.

For State/ Respondent : Mr. Sanjeev Kumar Pandey, Deputy

Advocate General.

________________________________________________________

Hon'ble Shri Justice Narendra Kumar Vyas

CAV Order

1. This is the second bail application filed by the applicant under

Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for

grant of anticipatory bail, who has apprehension of being

arrested in connection with Crime No. 592/2022, registered at

Police Station– D.D. Nagar, District- Raipur (C.G.) for the offence

punishable under Sections 420, 467, 468, 471, 120-B of IPC.

The first bail of the applicant was dismissed on merits on

10.08.2023 by this Court in MCRC(A) No. 206 of 2023.

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2. Case of the prosecution, in brief, is that on 12.08.2021

complainant- Manmohan Singh Gaba S/o Haripreet Singh Gaba,

R/o Andheri West Mumbai (M.H.) lodged a complaint alleging

that in the Agroha Grih Nirman Samiti, Raipur, a multi-storey

building situated at Khasra No. 260/10 area admeasuring 7000

sq.ft. is purchased by Manmohan Singh Gaba from Shine City

Dream Realtor O/o. 1/55 Fourth Floor R Square Complex

Gomati Nagar, Lucknow (U.P.) through registered sale-deed on

22.03.2021 by paying sale consideration as per market rate to

the tune of Rs. 3,63,98,000/- and has taken the possession over

the said property but mutation proceeding could not be done due

to engagement in business as well as on account of lock down

due to Covid Pandemic. When the complainant initiated mutation

proceeding, it was found that the said land has already been

sold three times. After verification of the revenue record, it was

found that the house was sold on the basis of forged documents

by Mohammad Javed, aged about 36 years, S/o Abdul Khali

resident of House No. 178 District- Banda (U.P.) on 19.05.2021

through registered sale deed to Rupesh Choubey brother of

present applicant. Thereafter, Rupesh Choubey sold the property

to Ashoka Biryani through proprietor- Krishnakant Ramavatar

Tiwari, S/o Ramavatar Tiwari, R/o Maruti Homes Flat No. 601

Hirapur Road Raipur on 02.08.2021 in which Deputy Registrar

S.K. Dehari has cooperated with them to commit the offence as

mentioned in the FIR.

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3. It is also case of the prosecution that it is found that Mohammad

Javed, S/o Abdul Khalid, Rupesh Choubey, S/o Ishwar Prasad

and the present applicant have fabricated the documents to grab

the property of the complainant and thus, they have committed

the offence as afore-stated. It is also case of the prosecution that

Mohammad Javed, Rupesh Kumar Choubey and others have

created forged and fabricated documents and purchased the

property of the complainant for which registered sale-deed has

already been executed in the name of complainant. It is also

case of the prosecution that Shinegenex has executed an

agreement with Hope Enterprises through Hitesh Choubey -

present applicant on 19.10.2019 and thereafter the sale deed

was executed with Ashoka Biryani through proprietor on

02.08.2021 by other co-accused Rupesh Choubey. Thus, the

applicant along with other co-accused have hatched conspiracy,

sold the property of the complainant. On the basis of the

complaint and material on record, offence under Sections 420,

467, 468, 471, 120B of IPC has been registered against the

applicant along with other co-accused in pursuance of Crime No.

592/2022 on 01.12.2022.

4. Learned counsel for the applicant would submit that the applicant

is innocent and he has been falsely implicated in the case as he

has never been par