Chhattisgarh HC Grants Anticipatory Bail To ₹10-Crore Farm-Loan Borrower, Noting Repayment And Acquisition Notification After Loan Sanction

In brief

The question

Whether the applicant was entitled to anticipatory bail in light of the timing and nature of the acquisition-related documents and the repayment of the loan.

The court held

The High Court allowed the anticipatory-bail application.

It also directed

It directed that, in the event of arrest in Crime No. 209/2026, the applicant be released on a personal bond of ₹25,000 with one surety for the like amount, subject to conditions including availability for interrogation, non-interference with witnesses or the investigation, and appearance before the trial court on each date fixed.

01Facts

The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 209/2026, registered for alleged offences under Sections 318(2), 318(4), 61(2), 201, 336, 338, 339, 340(2), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

¶ 1

The prosecution alleged that he obtained a ₹10 crore agricultural infrastructure loan from UCO Bank in December 2025 by mortgaging land proposed for acquisition, without disclosing the acquisition proceedings, and that the proposed polyhouse had not been constructed.

¶ 2

The applicant contended that the Section 11(1) preliminary acquisition notification was issued only on 13 April 2026, after the loan was sanctioned, and that the loan had been repaid.

¶ 3

The State relied on two memorandums dated 28 May 2025 and confirmed that the loan had been repaid.

¶ 4, 7

02Issues

i.Whether the applicant was entitled to anticipatory bail in light of the timing and nature of the acquisition-related documents and the repayment of the loan.

¶ 6–8

ii.Whether the memorandums dated 28 May 2025 constituted a Section 11(1) notification restricting transactions in the land before the loan was sanctioned.

¶ 4, 6

03Law Applied

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the High Court to grant anticipatory bail where the circumstances warrant protection against arrest.

¶ 3

Under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the preliminary acquisition notification is issued to declare the proposed acquisition; under Section 11(4), the restriction on transactions in the notified land operates after issuance of that notification.

¶ 6, 8

Provisions in the judgment · 11 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482

Bharatiya Nyaya Sanhita, 2023 9 provisions

Section 318 Section 61 Section 201 Section 336 Section 338 Section 339 Section 340 Section 111 Section 3

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Section 11

04Reasoning

The Court found that the Section 11(1) notification concerning the land was issued on 13 April 2026, whereas the loan had been sanctioned on 18 December 2025.

¶ 6

The documents dated 28 May 2025 relied on by the State were communications from the Sub-Divisional Officer to the Sub-Registrar about proposed acquisition proceedings, not Section 11(1) notifications.

¶ 6

The Court also considered the State’s confirmation that the loan had been repaid, along with the nature of the allegations and the material on record.

¶ 7–8