Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 14244 (CHH)

SMT. BASANTI DHRITLAHRE v. STATE OF CHHATTISGARH

MCRC/10451/2025 · 2026-01-01

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:109 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10451 of 2025 Smt. Basanti Dhritlahre D/o Shatrughan Lal Dhritlahre Aged About 36 Years Posted As Patwari (Tamsivani, Tehsil- Nayapara, Distt.- Raipur), R/o Vill.- Tamsivani, Tah.- Nayapara, Distt.- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- A.C.B./EOW Raipur (C.G.) ... Non-applicant(s) For Applicant : Mr. Shahid Siddiqui, Advocate along with Ms. Vedangi Jangde, Advocate. For Non-applicant : Mr. Sourabh Pande, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as she has been arrested in connection with Crime No.30/2025, registered at Police Station- Add. Superintendent of Police, EOW/ACB, District-Raipur (C.G.) for the offence punishable under Section 467, 468, 471, 420 and 120B of IPC and 7(C) of Prevention of Corruption Act. 2. The prosecution story, in brief, is that during the construction of a KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 reservoir by the Water Resources Department, Sub-Division No.1, in the year 1959–60 at Village Nayakbandha, Tahsil and District Raipur, certain lands were acquired and compensation was duly paid to the respective landholders in the year 1959–60. The acquired lands included: (i) land of Bhumiswami Mangram S/o Shobharam, Khasra No. 459 admeasuring 0.25 acre (present Khasra No. 1589 admeasuring 0.025 hectare after settlement); (ii) land of Bhumiswami Bishat S/o Shobhai, Khasra No. 460 admeasuring 1.18 acre (present Khasra No. 1588 admeasuring 0.2047 hectare after settlement); and (iii) land of Bhumiswami Budharo W/o Late Gwal, Khasra No. 461 admeasuring 0.50 acre (present Khasra No. 1592 admeasuring 0.013 hectare after settlement). In total, land admeasuring 27.01 acres was acquired from the Bhumiswamis for the expansion of Nayakbandha, for which compensation amounting to Rs. 22,266/- was paid, as duly reflected in the revenue records. It is further alleged that during the Bharatmala Project for construction of the Raipur–Visakhapatnam road, objections were received in respect of affected lands bearing Khasra Nos. 1588, 1589 and 1592. In the course of land acquisition proceedings, correspondence was undertaken and No Objection Certificates (NOCs) were obtained from the concerned Bhumiswamis and ofÏcers of the Water Resources Department. The prosecution further alleges that the present applicant along with co- accused Gopal Ram Verma, who were posted as Amin/Patwari in the Water Resources Department, were assigned the task of physical verification of the land. It is alleged that the applicant and 3 the co-accused, without making proper inspection or recording any observation, issued NOCs by showing the said lands to be outside the submergence/immersed area. On the basis of such NOCs, compensation amounting to crores of rupees was again granted in respect of the aforesaid khasra numbers, despite the fact that compensation for the same lands had already been paid in the year 1959–60 by the Water Resources Department. 3. Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in this case. He further submits that the co-accused persons namely Vijay Kumar Jain, Harmeet Singh Khanuja, Kedar Tiwari and Uma Tiwari have already been grated regular bail by this Court in MCRC Nos. 4823/2025, 4994/2025, 5419/2025 and 5280/2025, vide its order dated 17.17.2025 and further co-accused namely Kundan Baghel, Bhojram Sahu, Khemraj Koshle, Punuram Deshlahre and Narendra Kumar Nayak and Gopal Ram Verma have also been granted regular bail by this Court in MCRC Nos. 6266/2025, 6528/2025, 6523/2025, 6518/2025 and 6337/2025 respectively. Further the present applicant has been granted interim protection by this Court on 15.07.2025 in MCRCA No. 1032/2025 and further the fact that the offences has been registered against the applicant on the basis of mere suspicion and the applicant being a lady aged about 36 years and is in jail since 29.10.2025 and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. Learned State counsel opposes the bail application and submits 4 that the applicant is a public servant and has actively participated in a well-planned conspiracy relating to fraudulent grant of compensation amounting to crores of rupees by abusing her ofÏcial position as Amin/Patwari in the Water Resources Department. It is submitted that despite the fact that the subject lands had already been acquired and compensated in the year 1959–60, the applicant, in connivance with the co-accused, issued No Objection Certificates without conducting proper physical verification, thereby falsely showing the lands to be outside the submergence area, which directly resulted in wrongful re-compensation. The offences alleged against the applicant are serious in nature involving forgery, cheating, criminal conspiracy and offences under the Prevention of Corruption Act. The investigation has revealed sufÏcient material against the applicant and merely because other co-accused have been granted bail does not entitle the present applicant to parity. Considering the gravity of the offence, the role attributed to the applicant and the impact on public exchequer, the he prays for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned counsel for the parties, the nature of allegations, the fact that several co-accused persons, whose names are mentioned hereinabove, have already been granted regular bail by this Court, the fact that the present applicant was earlier granted interim protection, the period of custody undergone by the applicant, and the fact that the trial is 5 likely to take considerable time, and without expressing any opinion on the merits of the case, this Court deems it fit to enlarge the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let applicant, Smt. Basanti Dhritlahre, involved in Crime No.30/2025, registered at Police Station- Add. Superintendent of Police, EOW/ACB, District-Raipur (C.G.) for the offence punishable under Section 467, 468, 471, 420 and 120B of IPC and 7(C) of Prevention of Corruption Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i)The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 84 of Bharatiya Nyaya Sanhita is issued and the applicant fails to appear 6 before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal