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2026 DAILYLAW 26475 (CHH)

KOMAL SAHU v. STATE OF CHHATTISGARH

MCRCA/1049/2026 · 2026-07-12

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Judgment text

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1 CGHC010258552026 2026:CGHC:29467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C(A) No.1049 of 2026 Komal Sahu S/o Girdhari Lal Sahu Aged About 45 Years R/o Mana Camp, Mana Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Pasan, District- Korba (C.G.) ... Non-Applicant For Applicant : Mr. Avisek Sharma along with Ms. Preeti Yadav, Advocates. For Non-applicant/State : Mr. SS Baghel, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.07.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Applicant who is apprehending his arrest in connection with Crime No.181/2025 registered at Police Station – Pasan, District Korba (C.G.) for the offences punishable under Sections 318(4), 336(3), 338 and 340(2) of BNS, 2023. 2. As per the prosecution case, a written complaint was lodged SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.14 10:49:05 +0530 2 by the Naib Tahsildar, Podi Uproda, alleging that the accused Shivcharan had fraudulently converted Government land bearing Khasra Nos. 89/82, 89/83, 89/84 and 89/85, total area 9.0340 hectares, situated at Village Lalpur, into his private property and got the same recorded in his name, thereafter obtaining a KCC loan of Rs.20 lakhs from Axis Bank, Durg by mortgaging the said land. During investigation, it was found that the present Applicant, being the concerned Patwari, had used his digital signature and facilitated recording of the Government land in the name of Shivcharan. Accordingly, the present Applicant has been implicated in the alleged commission of the offences. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is contended that the Applicant has been implicated only on the basis of the memorandum statement of co- accused Shivcharan Kaushal and there is no other material or documentary evidence available to substantiate the alleged involvement of the Applicant. He further further submits that neither any land has been transferred in favour of the Applicant nor any loan has been sanctioned in his name. It is further submitted that there was a monetary dispute between 3 the Applicant and co-accused Shivcharan Kaushal and due to such previous dispute, the Applicant has been falsely implicated. He further submits that the investigation has already been completed and charge-sheet/final report has been filed against the Applicant on 18.06.2026. It is also submitted that the main accused Shivcharan Kaushal has been granted anticipatory bail by this Court vide order dated 13.11.2025 passed in MCRC(A) No.1688/2025 and there is no likelihood of his absconding or misusing the liberty and therefore, he may be granted the benefit of anticipatory bail. 4. On the other hand, learned State Counsel opposes the grant of anticipatory bail to the Applicant. 5. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the fact that the Applicant has been implicated on the basis of the memorandum statement of co-accused Shivcharan Kaushal, the fact that no land has been transferred in favour of the Applicant nor any loan has been sanctioned in his name, the fact that the investigation has already been completed and final report has been filed against the Applicant and further considering that the main accused Shivcharan Kaushal has already been granted anticipatory bail by this Court vide order dated 13.11.2025 passed in MCRC (A) No.1688/2025, 4 without expressing any opinion on the merits of the case, this Court is of the considered opinion that it is a fit case to grant the benefit of anticipatory bail to the Applicant 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicant – Komal Sahu, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant/s 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/her/them from disclosing such fact to the Court. (b) The Applicant/s shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant/s shall appear before the trial Court on each and every date given to him/her/them by the said Court till disposal of the trial. (d)The Applicant/s and the surety shall submit a copy of his/her/their adhaar card along with a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant/s shall not involve himself/herself/themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Priya