1 CGHC010270682026 2026:CGHC:31482 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6563 of 2026 Jitendra Bhave S/o Late Hori Lal Bhave Aged About 38 Years R/o Village- Siladehi, Police Station- Birra, District- Janjgir-Champa, C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Out Post- Korbi, Police Station- Pasan, District- Korba, C.G. ... Respondent(s) For Applicant(s) : Mr. Chandrikaditya Pandey, Advocate. For Respondent(s) : Mr. Saumya Rai, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/07/2026 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. 182/2025 registered at Police Station Pasan, District- Korba (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 318(4), 338, 336(3), 340(2), 3(5) of BNS. 2. Case of the prosecution, in brief, is that pursuant to a written complaint dated 18.09.2025 lodged by the Naib Tehsildar, Podi- Uproda, on the directions of the Sub-Divisional Magistrate, it was alleged that co-accused Ajay Yadav, in conspiracy with the applicant, Jitendra Bhave, who was then posted as Patwari, fraudulently got Government land bearing Khasra Nos. 206/8, 208/11 and 208/12, admeasuring 4.595 hectares, recorded in Ajay Yadav's name by misuse of the Patwari's digital signature and forged revenue records. On the strength of such fabricated entries, Ajay Yadav allegedly obtained a KCC loan of Rs.13,00,000/- by mortgaging the Government land as private property. During investigation, sufficient material was found indicating the applicant's active involvement in the preparation of forged revenue records and illegal mutation of the Government land, leading to the filing of the charge-sheet against him, while investigation against the remaining co-accused continued separately. 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. He further submits that the allegations against him are founded entirely on official revenue records and digital entries maintained in the course of his duties as a Patwari. The prosecution case is based on documentary evidence, all of which has already been seized and forms part of the charge-sheet. Therefore, there is no likelihood of the applicant tampering with the evidence or 3 influencing witnesses, particularly as he no longer has access to official records. He also submits that the principal accused, Ajay Yadav, along with the other co-accused, is still absconding and the supplementary charge-sheet against them is yet to be filed. The applicant contends that he has been singled out for arrest despite the alleged main beneficiaries of the offence remaining at large, and that his continued incarceration is unjustified and contrary to the principles of parity and fairness. The applicant is in jail since 23.04.2026, the applicant has 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 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 while posted as a Patwari, he allegedly misused his official position and digital signature to facilitate the fraudulent mutation of Government land bearing Khasra Nos. 206/8, 208/11 and 208/12 in the name of co- accused Ajay Yadav by preparing forged revenue records and on the basis of such illegal mutation, the co-accused obtained a KCC loan of Rs.13,00,000/- by mortgaging the Government land as private property, thereby making the applicant an active participant in the commission of the alleged offences and is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 23.04.2026, the fact that though the applicant, while posted as a Patwari, allegedly misused his official position and digital signature to fraudulently mutate Government land in the name of co-accused Ajay Yadav by preparing forged revenue records, enabling the co- accused to obtain a KCC loan of Rs.13,00,000/- by mortgaging the Government land, thereby actively participating in the alleged offences, but considering the fact that the applicant has no criminal antecedent and charge-sheet has been filed in the present case, 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-Jitendra Bhave, involved in Crime No. 182/2025 registered at Police Station Pasan, District- Korba (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 3(5) 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 5 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, 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