Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:11047
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2097 of 2026 Komal Chand Sahu S/o Girdhari Lal Sahu Aged About 45 Years R/o Mana Camp, Police Station Mana Camp, District Raipur, Chhattisarh.
... Applicant(s) versus State Of Chhattisgarh Through Police Station Kumhari, District Durg, Chhattisgarh.
... Respondent(s) For Applicant(s) : Ms. Smita Jha, Advocate. For Respondent(s) : Mr. Saumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 03/03/2026
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 154/2025 registered at Police Station Kumhari, District Durg (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 Sections 318(4), 336(3), 338, 347, 112(2) of BNS.
2. Case of the prosecution, in brief, is that a written complaint was submitted before the concerned Police Station alleging that the accused persons had prepared forged documents and, on the basis of such forged documents, illegally recorded their names in the revenue records in respect of government land. It is further alleged that by using the said forged documents, the accused persons obtained Kisan Credit Card (K.C.C.) loan facilities from the bank. On the basis of the said complaint, the police registered an offence under Sections 318(4), 336(3), 338, 347, and 112(2) of the BNS, 2023. The present applicant has been implicated in the matter, allegedly in connection with the aforesaid acts. Hence, the bail application.
3.
Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. She further submits that identically situated co-accused, namely, Amit Kumar Maurya has already been granted bail by this Court vide order dated 24.02.2026 in MCRC No.1900 of 2026. The applicant is in jail since 11.12.2025, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent arising from same cause of action registered at Crime No.201 of 2025, in which, the applicant has already been granted bail by this Court vide order dated 28.01.2026 in MCRC No.919 of 2026, further the charge-sheet
3 has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant allegedly involved in the preparation and use of forged documents for the purpose of illegally recording names in the revenue records pertaining to government land and for obtaining Kisan Credit Card (K.C.C.) loan facilities from the bank. Furthermore, the applicant has one criminal antecedent of identical nature registered at Crime No.201 of 2025. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6.
Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 11.12.2025, the fact that though the applicant allegedly involved in the preparation and use of forged documents for the purpose of illegally recording names in the revenue records pertaining to government land and for obtaining Kisan Credit Card (K.C.C.) loan facilities from the bank, but considering the fact that identically situated co-accused, namely, Amit Kumar Maurya has already been granted bail by this Court vide order dated 24.02.2026 in MCRC No.1900 of 2026, so far as criminal
4 antecedent of the applicant is concerned, applicant has one criminal antecedent arising from same cause of action registered at Crime No.201 of 2025, in which, the applicant has already been granted bail by this Court vide order dated 28.01.2026 in MCRC No.919 of 2026 and the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Komal Chand Sahu, involved in Crime No. 154/2025 registered at Police Station Kumhari, District Durg (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 347, 112(2) of BNS, 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 he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence,
5 proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the 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 sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/-
(Ramesh Sinha)
CHIEF JUSTICE Akhil