1 2026:CGHC:8794 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1641 of 2026 1 - Kaushal Kumar Fekar S/o Bhukhram Fekar Aged About 50 Years R/o Lohsi Nagar Panchayat Ward No. 1, P.S. Palari, Distt. Balodabazaar Bhathapara, Chhattisgarh. 2 - Omprakash Nishad S/o Bhagatram Nishad Aged About 40 Years R/o Rawabhatha Police Station Khamtarai, Raipur, Distt. Raipur, Chhattisgarh. (Details Of Applicants Properly Not Menioned On Impugned Order Sheet And Correct Details Is Mentioned As Per Chargesheet) ... Applicant(s) versus State Of Chhattisgarh Through The Sho P.S. Nandani, Distt. Durg, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Avinash Chand Sahu, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/02/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 grant of regular bail to the applicants who have been arrested in connection with Crime No. 201/2025 registered at Police Station Nandani, Distt. Durg (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 3(5), 111(2) of BNS and Section 66(C), 61(2) of IT Act. 2. Case of the prosecution, in brief, is that on 13.08.2025 the complainant, the concerned Tahsildar Radheshyam Verma, Tehsil Office Ahiwara, lodged a report at Police Station Nandini Police Station alleging that certain unknown persons illegally accessed and manipulated the Bhuiya software of Tehsil Ahiwara by using the ID of a Patwari. It is alleged that the accused persons prepared a forged Rin Pustika in respect of the concerned land, altered the area and other revenue records, and on the basis of such forged documents applied for and obtained a loan from State Bank of India in the name of one Dinu Ram Yadav. Upon sanction of the loan, the fraud came to light, whereafter the matter was reported. It is further alleged that the accused persons misappropriated the loan amount. During investigation, the present applicants were found to be involved in the aforesaid offence and were arrested. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that one identically situated co-accused, namely, Komal Chand Sahu has already been granted bail by this Court vide order dated 28.01.2026 in MCRC No.919 of 2026 and one co-accused, namely. Shiyankhik Verma has been 3 granted anticipatory bail by this Court vide order dated 23.09.2025 in MCRCA No.1483 of 2025. The applicants are in jail since 25.11.2025, the applicants have no criminal antecedent, charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 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 applicants in connivance with other co-accused persons, illegally accessed and manipulated the Bhuiya software of Tehsil Ahiwara by using the Patwari ID, prepared a forged Rin Pustika, altered the land records including area details, and on the basis of such forged documents facilitated obtaining a loan from State Bank of India in the name of Dinu Ram Yadav, thereby committing fraud and misappropriating the sanctioned loan amount. Therefore, the applicants are 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 applicants since 25.11.2025, the fact that though the the applicants allegedly in connivance with other co-accused persons manipulated the Bhuiya software using a Patwari ID, prepared forged land records and Rin Pustika, and on that basis fraudulently obtained a loan from State Bank of India, thereby misappropriating the loan amount, but 4 considering the fact that one co-accused, namely, Komal Chand Sahu has already been granted bail by this Court vide order dated 28.01.2026 in MCRC No.919 of 2026 and the case of present applicants is identical to that of the said co-accused, and one co- accused, namely. Shiyankhik Verma has been granted anticipatory bail by this Court vide order dated 23.09.2025 in MCRCA No.1483 of 2025. Moreover, the applicants has no criminal antecedents and charge-sheet has been filed, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicants-Kaushal Kumar Fekar and Omprakash Nishad, involved in Crime No. 201/2025 registered at Police Station Nandani, Distt. Durg (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 3(5), 111(2) of BNS and Section 66(C), 61(2) of IT Act, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against 5 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, 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 them, 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 applicants are 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 them 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