1 2025:CGHC:48076 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1428 of 2025 Ashok Kumar Kashyap S/o Ram Aotar Kashyap Aged About 55 Years Occupation Job, Tehsil Sonhat, District- Koriya ( C.G. ). Permanent Resident Schoolpara Baikunthpur, District- Koriya Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer Police Station Charcha, District- Koriya Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Shakti Raj Sinha, Advocate. For Respondent(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.09.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.90/2025 registered at Police Station Charcha, District- Koriya (C.G.) for the offence punishable under Section 467, 468, 471, 420 and 120-B of the IPC. 2 2. Prosecution case in brief is that co-accused Shamim Khan initially entered into an agreement to sell land bearing Khasra No. 67, measuring 10 dismil, to the complainant for Rs.15 lakh. Later, citing a pending civil dispute over that parcel, he offered instead 10 dismil from Khasra No. 736/1 and executed a registered sale deed on 09-05-2022 for Rs.16,90,000/-. When the complainant requested the registry papers, they were delivered only after six months, and the complainant noticed discrepancies in the land measurement. During investigation, authorities seized Rinn Pustika No. 242686, which contained false entries. Revenue- office verification revealed that this Rinn Pustika was actually allotted to the present applicant. Further inquiry showed that the seal and signatures of the tehsildar and patwari in the booklet had been forged by Shamim Khan, and the falsified document was then handed to the complainant, forming the basis of the alleged offence. Hence, the anticipatory bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He further submits that the applicant is a government servant working as a Patwari and is in no way involved in the commission of the alleged offence. He was never posted as Patwari in village Cherwapara, where the disputed land is situated and the said fact is evident from the letter dated 17.09.2025 issued by the Tehsildar cum Public Information Officer, which has been filed by the applicant alongwith covering memo, and there is no allegation that 3 he played any role in the execution of the sale deed. The applicant had proceeded on leave from 28.01.2021 due to his wife’s critical medical condition, as she is totally bedridden and dependent on him. During this leave period, his services were suspended by order dated 01.02.2021 and he was attached to the district office, Koriya (Land Records). Subsequently, after completion of departmental enquiry, his services were transferred to Tehsil Sonhat, District Koriya (C.G.) by order dated 16.05.2022. Meanwhile, the applicant had already handed over charge to Ku. Vandana Kujur, another Patwari, on 28.01.2021 itself, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the allegation against applicant is that Kisan Kitab (Rinn Pustika) No. 242686, an important revenue document, was officially issued to him on 23.07.2018 by the Land Records Branch. During investigation, this booklet was seized with forged entries, which co-accused Shamim Khan used to deceive the complainant in the fraudulent land transaction. It is alleged that Ashok Kumar Kashyap never reported to his superiors that the said booklet had been lost or stolen. Since the forged entries were made in a government document allotted to him, and in the absence of any report regarding its loss, his role in the entire episode appears suspicious, giving rise to the allegation of his involvement or 4 negligence in enabling the offence, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and the fact that though the allegation against the applicant that Kisan Kitab (Rinn Pustika) No. 242686, an important revenue document, was officially issued to him on 23.07.2018 by the Land Records Branch. During investigation, this booklet was seized with forged entries, which co-accused Shamim Khan used to deceive the complainant in the fraudulent land transaction and the applicant never reported to his superiors that the said booklet had been lost or stolen, but considering the letter issued by the Tehsildar cum Public Information Officer dated 17.09.2025 in pursuance to the information sought by the applicant under RTI Act, it transpires that the applicant was never posted in the concerned village, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Ashok Kumar Kashyap, on executing a personal bond with one surety in the like sum to 5 the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil