1 CGHC010300802026 2026:CGHC:34560 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1266 of 2026 Banshidhar Ram Yadav S/o Guruvaru Ram Yadav Aged About 65 Years R/o Raikera, Police Station Bagicha, District Jashpur (C.G.) ... Applicant versus State Of Chhattisgarh Though Station House Officer, Police Station Bagicha, District Jashpur (C.G.) ... Non-Applicant For Applicant : Mr. Awadh Tripathi, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.08.2026 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.156/2026 registered at Police Station – SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.07 11:19:16 +0530 2 Bagicha, District Jashpur (C.G.) for the offence punishable under Section 420 IPC. 2. Briefly stated, the case of the prosecution is that on the basis of a written complaint lodged by Vivek Agrawal, a crime was registered against the present Applicant alleging that the Applicant, with a fraudulent intention, tampered with the revenue records, Kisan Pustika and other land-related documents pertaining to Khasra No.49/4, admeasuring 0.250 hectare, situated at Village Raikera, Tahsil Bagicha, concealed the true status of the property and prepared forged documents, on the basis of which he again sold the said land to Leeladhar Yadav and Parmanand Yadav. During investigation, it was found that certain relevant documents are yet to be recovered from the possession of the Applicant. Based on these allegations, the offence as mentioned above has been registered against the present Applicant. 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, under a bona fide belief that his name continued to be duly recorded in the revenue records, executed the sale deed in favour of his relatives without any dishonest or fraudulent intention. It is 3 further submitted that the Applicant had never intended to retain possession of the land which had already been sold in the year 2010 and the present dispute has arisen only on account of the complainant's failure to get the mutation effected prior to the subsequent registered sale deed dated 13.07.2022. He further submits that the Additional Tahsildar, Bagicha, by order dated 12.05.2026, rejected the complainant's claim and observed that if the complainant had any grievance, the appropriate remedy was to institute a civil suit for cancellation of the sale deed, thereby demonstrating that the dispute is essentially civil in nature. It is lastly submitted that the Applicant is a 65-year-old person and as the trial is likely to take quite some time for its conclusion, therefore, he may be granted the benefit of anticipatory bail. 4. On the other hand, learned State Counsel opposes the application. 5. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the fact that the dispute arises out of a transaction relating to immovable property, the Applicant claims to have executed the subsequent sale deed under a bona fide belief that his name continued to be reflected in the revenue records, the Additional Tahsildar, Bagicha, by order 4 dated 12.05.2026, observed that the aggrieved party has the remedy of instituting a civil suit for cancellation of the sale deed, the dispute appears to be predominantly civil in nature, the Applicant is aged about 65 years and the fact that the trial is likely to take considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. 6. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicant – Banshidhar Ram Yadav, 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 5 himself/herself/themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Priya