Order on Board

23.08.2021

1. The applicant has preferred this first bail application under Section

438 of the Cr.P.C. for grant of anticipatory bail, as he is apprehending his arrest in connection with Crime No. 29 of 2021 registered at Police Station Khamardih, Raipur, Chhattisgarh for offence punishable under Section 420 of Indian Penal Code.

2. Case of the prosecution, in brief, is that, present applicant based on power of attorney executed in his favour by one Mahesh Kumar Chhugani (owner of land) dated 05.01.2015, has entered into an agreement to sale the land bearing Khasra No.372/1 measuring 1250 square feet situated at Mahirishi Valmiki Ward, Village Telibandha, Raipur for total consideration of Rs.23,23,750/-. The sale deed was executed by applicant as power of attorney holder of Mahesh Kumar Chhugani on 25.05.2015. After execution of sale deed, name of purchaser/complainant Smt. Kavita Agrawal was mutated in the revenue record. After sometime, when they visited the plot, they found that some other persons were offering prayer on the plot and upon asking, they were informed that this land is allotted to their Institution by State Government, upon which, they approached the concerned Patwari. The Patwari informed them that land from Khasra number, they have purchased, is a Government land. When they found that the land sold to them vide sale deed dated 25.05.2015 was of Government land, they approached the applicant and demanded the money back, which was not considered by the applicant. Thereafter, report was lodged initially before the Station House Officer, Police Station Khamaridih on 21.04.2018, complaint to Superintendent of Police on 06.05.2019 and complaint to Inspector General of Police on 22.10.2019. Based on the written complaints, First Information Report was registered against the applicant on 10.02.2021.

3. Shri Ankur Agrawal, learned counsel for the applicant would submit that land which was sold was owned by Mahesh Kumar Chhugani. It is the owner of the land, who executed power of attorney in his favour authorizing him to appear before the Court relating to property bearing Khasra Nos.372/1 and 372/7 measuring 7175 square feet. In the same power of attorney, applicant is also authorized to sale the land on his behalf. Based on power of attorney executed in his favour, applicant has sold the property owned and recorded in the name of Mahesh Kumar Chhugani to different purchasers including complainant. He has not committed any act of cheating, but the acted on behalf of executant of power of attorney, hence, all the act done is to be treated to be done by Mahesh Kumar Chhugani. He further submits that in the sale deed executed in favour of complainant, there is specific mention with regard to re-numbering of Khasra numbers and Khasra No.372/7 measuring 7175 square feet has been re-numbered as Khasra No.372/1. After selling the land, entire sale consideration has been handed over to owner of the land, hence, applicant may be enlarged on anticipatory bail.

4. Per contra, Shri B.L. Sahu, Panel Lawyer for the State opposing the submissions made by learned counsel for the applicant, would submit that applicant in the garb of power of attorney executed by Mahesh Kumar Chhugani has sold the Government land to complainant for total consideration of Rs.23,23,750/-. During the course of investigation, power of attorney has been submitted by applicant before the Police Station and perusal of details of property mentioned therein, would show overwriting in Khasra numbers and some other part of power of attorney. He further submits that Police has obtained certified copy of power of attorney from the Office of Deputy Registrar wherein Khasra number of the land executed by power of attorney holder has been mentioned as Khasra Nos.371/1 and 371/7 and not Khasra Nos.372/1 and 372/7. Applicant has manipulated the description of property mentioned in original power of attorney, hence, he has committed an offence as alleged aga