Chhattisgarh HC Grants Anticipatory Bail To Land Buyer It Says Was Unaware Of Alleged Forged Consent, And His 62-Year-Old Mother

The complainant, Malti, alleged that she and Dharmi each held an equal share in land bearing Khasra No. 306 at Village Digma. She claimed that Dharmi, in collusion with others, used a forged consent letter to sell the land to Bhakku and applicant No. 1, Sachin Tigga, without her knowledge or authority. The FIR was registered pursuant to a complaint under Section 156(3) CrPC, alleging offences under Sections 420, 467, 468 and 471 IPC.

The applicants sought anticipatory bail under Section 482 BNSS. They submitted that applicant No. 1 was a bona fide purchaser unaware of the alleged forgery and that applicant No. 2, his 62-year-old mother, was only a witness to the sale deed. The State did not dispute their respective roles as purchaser and witness.

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the procedural basis for an application for anticipatory bail.

The alleged offences were under Sections 420, 467, 468 and 471 of the Indian Penal Code. The Court cited no precedent and did not set out a broader legal test; it considered the facts, the nature of the allegations and the applicants’ stated roles in deciding whether to grant relief.

The Court considered that applicant No. 1 had purchased the property by registered sale deed and, on the material and submissions before it, was a bona fide purchaser unaware of the alleged preparation of the consent letter.

It also considered that applicant No. 2 was the purchaser’s 62-year-old mother and a witness to the sale deed, rather than the purchaser. Having regard to these circumstances and the nature of the allegations, the Court found it appropriate to grant anticipatory bail without expressing any view on the merits.

If arrested in connection with Crime No. 82/2022, each applicant is to be released on executing a personal bond of ₹25,000 with one surety for the like sum, subject to conditions including availability for interrogation, non-interference with witnesses or the investigation, conduct consistent with a fair and expeditious trial, and appearance before the trial court on each date fixed.