1 CGHC010329532026 2026:CGHC:38567 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7849 of 2026 Ramgopal Yadav Alias Nankidau S/o Shri Mangalchand Yadav Aged About 58 Years R/o Village- Ward No.26, Jagdalla, Champa, P.S. And Tehsil- Champa, Distt. Janjgir-Champa (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Champa, Distt. Janjgir-Champa (C.G.) ---- Non-Applicant(s) For Applicant : Mr. Vivek Kumar Shrivastava, Advocate. For Non-Applicant : Ms. Anusha Naik, Dy. Govt. Adv. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/09/2026 1. The applicant has filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail who has been arrested in connection with Crime No. 286/2026 registered at Police Station Champa, District Janjgir-Champa (C.G.) for the offences punishable under Sections 318(4), 336, 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the case of prosecution, the complainant Gaurkaran Patel submitted a written complaint alleging that he had agreed to KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 purchase land bearing Khasra Nos. 2148/2, admeasuring 34 decimals, and 2145/2, admeasuring 37 decimals, for a total consideration of ₹6,35,000/-. An agreement to sell was executed and an advance amount of ₹50,000/- was allegedly paid to Ramgopal Yadav and his son Munna Yadav. Thereafter, on 05.03.2025, the aforesaid lands were registered in favour of the complainant and the remaining amount was allegedly paid through cheque. Subsequently, when the complainant approached the Tehsil Office for mutation, he came to know that the land bearing Khasra No. 2148/2 had allegedly been sold earlier by Ramgopal Yadav to Ramphal Kashyap in the year 1996. It is further alleged that taking advantage of the land not having been mutated in the name of Ramphal Kashyap, a second land record was prepared in the year 2024 and the said land was again sold in favour of the applicant's wife, Sukrita Bai, and thereafter to the complainant. During investigation, the applicant's memorandum statement was recorded on 03.08.2026, wherein he allegedly admitted fabrication of documents relating to the aforesaid land. After completion of investigation, the charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the dispute essentially arises out of a land transaction and is predominantly civil in nature. The applicant's elder brother Shatruhan had allegedly sold his share of 34 decimals of land to Ramphal Kashyap, which was not within the knowledge of 3 the applicant and the said land subsequently came to the applicant in a family partition. It is further submitted that the land stood recorded in the name of the applicant in the revenue records since the year 2022-23. The applicant has no criminal antecedents and the applicant is in custody since 03.08.2026 and charge-sheet has already been filed before the competent Court and the trial is likely to take some time for its conclusion. Hence, it is prayed that the applicant may kindly be enlarged on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the applicant is alleged to have been involved in fabrication of land records and thereby facilitated the sale of the disputed land, causing wrongful loss to the complainant. Accordingly, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature of allegations, the fact that the dispute arises out of a land transaction and the applicant has no criminal antecedents and is in custody since 03.08.2026 and further the charge-sheet has already been filed before the competent Court and the trial is likely to take some time for its conclusion, thus without commenting on the merits of the case, this Court is of the considered opinion that the applicant deserves to be enlarged on bail. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the Applicant- Ramgopal Yadav ailas Nankidau, involved in 4 Crime No. 286/2026 registered at Police Station Champa, District Janjgir-Champa (C.G.) for the offences punishable under Sections 318(4), 336, 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023, 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, 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, 5 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 concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal